OK Tiir. University of California. OrlK'J' <^1-" Received ^CWz • ,iSql/: ^Accessions No.SZ /^<^7^. Class No. ^. 6S. c7 Q / , ^"v^ /, ^5 Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/digestoflawsrelaOOdelarich DIGEST OF LAWS RELATING TO FREE SCHOOLS IN THE STATE OF DELAWARE. PUBLISHED BY AUTHORITY OF SECTION lo, CHAPTER 369, VOLUME 16, LAWS OF DELAWARE. UFIVBRSIT r] 1881: JAMES KIRK & SONS, PRINTERS, DOVER, DELAWARE. szys^/ L(^^ ^->^ Uiri7BRSIT7] SCHOOL LAWS OF DELAWARE. ARTICLE I. SUPERINTENDENT. On the second Tuesday in April, annually, the Governor shall ap-Sec. i, chap. 46, Vol. 16. point and commission some suitable person, of good moral character, State Superin- and well qualified in regard to his mental attainments for the place, ^^"^o^i^JJ^ ^"^ as Superintendent of the Free Schools of the State of Delaware, who Qualifications, shall hold his office for one year an,d until his successor shall in like Term of office, manner be appointed. The Governor shall have power to fill any Vacancy, vacancy caused by death, resignation, or otherwise. The Superintendent shall visit every school once a year. He shall ^*''^^^;,l^'J6^ '*^' note in a book, to be kept for that purpose, the number of scholars ; P"^'^^ o*" ^>'e ' ^ r ^ ^ J Superintendent. the condition of school building, ground and appurtenances; the qualification and efficiency of the teachers ; the conduct and standing of the scholars; the method of instruction, and the discipline and government of the schools. In the visits of the Superintendent to the schools, he shall advise with the teachers respectively, and give them ^uch instructions in regard to discipline and teaching as he may deem necessary, and shall have power to suspend or withdraw any teacher's when he may withdraw certificate upon his refusal to comply with the rea.sonable directions of certificates. the Superintendent, subject, however, to an appeal, as in other cases. He shall, by every means in his power, strive to promote and advance the cause of education and interest in the schools, and, in order to secure his entire time, he shall not engage in any other business, orphan engage ° '^ ■' in no other pursue any other calling. business. The Superintendent shall examine all persons who shall apply to Sec. 5, chap. 46, Vol. 16. him for that purpose, and who propose to teach in this State, and any who shall be examined. one interested may attend such examination, which may be oral, or by 4 Laws Relating to Free Schools Mode of printed or written questions, or partly by each method. These exam- examination. Where and inations may be at such times and places as the Superintendent may when held. appoint, having due regard to the necessities of the schools and the Who shall be convenience of the teachers. Every applicant who is of good moral recommended * for a first grade character, and who shall be found qualified to teach orthography, certificate. «j x ./ reading, writing, mental arithmetic, written arithmetic, geography, history of the United States, English grammar, elements of rhetoric, algebra, geometry, and natural philosophy, shall be recommended to the State Board of Education for a first grade certificate ; and the said When certificate Board, approving the same, shall authorize and direct such certificate shall issue. How signed. to issue, signed by the Superintendent, and countersigned by the Good for how President of said Board, and the certificate so issued shall be good for long. three years, unless sooner revoked by the Superintendent for cause, to Who shall be approved by said Board. Every applicant who is of good moral receive second grade certificate, character, and who shall, in examination, answer ninety / & Assessment of sldcration all circumstances of convenience or injury, but in making damages. such assessment they shall allow at least the cash value of the land taken, and shall certify their award to both parties, owners and com- missioners, whereupon, upon payment of the damages so assessed, the said land so taken shall become and be the property of the said school Case of minor or district for the purposc aforesaid. In case any such owner or owners non-resident. be a minor, non-resident, or from any cause incapable of receiving, or In the State of Delaware. ■ ii unwilling or neglecting to receive said damages, the said school com- missioners may deposit the same, to the credit of such owner or owners, in the Farmers' Bank of the State of Delaware, or any branch thereof, and such deposit shall operate as payment. In case the said freeholders should fail to meet on the day fixed, the chap. 443. Sec. commissioners may call them out again upon like notice to the district, ^ee Rev. code, as above provided. The said freeholders shall have power to adjourn purther provis- from time to time. The decision of a majority shall be as good as freehiTd^rr'^ that of the whole. The fees of the freeholders shall be one dollar per day. All the expenses shall be borne by the district. Each school district, by name of ' ' School District No. — , in R. c. chap. 42, Sec. 22. County," or ''United School District, Nos. — , in County," (as the case may be, and filling the blanks properly,) may take and hold Capacity of " i i ./ X ^ school district, ground for a school house, and the appurtenances and furniture; may '^^ po^^""**- take and hold by devise, bequest, or donation, real and personal estate, not exceeding in clear annual income one thousand dollars, for the use of the free school in said district, and may alien the same ; may take bond from the collector ; may prosecute actions upon it, and any action for injury done to any property of the district, in which action they shall recover double damages and costs ; and also any action for a forfeiture or penalty due to the district. Any of the said actions may be brought before a Justice of the Peace, if the sum demanded do not exceed one hundred dollars, and he shall proceed as in other demands of like amount. A school district shall not possess any other corporate power or franchise. The following districts have been sub-divided and new districts formed therefrom : IN NEW CASTLE COUNTY. District No. 54, new District No. Districts Nos. 2, 3, new District No. 73. Districts Nos. 57, 58, 59, new District No 74. Districts Nos. 8, 19, 23, new Di.strict No. 75. District No. 21. District No. 62. Districts Nos. 21, T^i and 38. Chapter 34, Volume 1 1, passed February 9th, 1853. District No. 19. Chapter 272, Volume 11, passed March 1st, 1855. Districts Nos, 69, 71 and 72. Chapter 293, Vohime ii, passed March 2d, 1855. 12 Laws Relating to F'ree Schools Districts Nos. 6i and 65. Chapter 295, Volume 11, passed March 2d, 1855. District No. 62. Chapter 338, Volume 11, passed February 4th, 1857. Districts Nos. 65, 72 and 80. Chapter 345, Volume 11, passed February loth, 1857. District No. 34, Chapter 411, Volume 1 1, passed February 27th, 1857. Districts Nos. 56 and 57. Chapter 456, Volume 11, passed March 4th, 1857. Districts Nos. 59, 60 and 61. Chapter 464, Volume 11, passed March 4th, 1857. Districts Nos. 3 and 8. Chapter 532, Volume ii, passed February 2d, 1859. District No. 60. Chapter 594, Volume 1 1, passed February i8th, 1859. District No. 20. Chapter 424, Volume 13, passed P'ebruary i8th, 1S69. Districts Nos. 71, 72 and 80. Chapter 30, Volume 16, passed February 19th, 1879. An act to transfer cei^tain real estate from one school district to another in New Castle county. Chapter 399, Volume 14, passed March 20th, 1873. Certain real estate of Lorenzo D. Ginn transferred from School District No. 81 to School District No. 72. Chapter 37, Volume 15, passed March 2d, 1875. Boundary of School District No. 81 changed. Chapter 41, Volume 15, passed February 23d, 1875. District No. 21 divided. Chapter ^^, Volume 16, passed March loth, 1879. Certain real estate of Joab S. Alston transferred from District No. 88 to District No. 53. Chapter 43, Volume 16, passed March 27th, 1879. Boundary line of School District No. 54 changed. Chapter 356, Volume 16, passed February 25th, 1 88 1. Certain real estate of George W, Sparks, Preston Lea and John C. Corbit trans- ferred from District No. 61 to District No. 79. Chapter 357, Volume 16, passed March ist, 1881. All of District No. 20 j^ not included in the nth Ward of the city of Wil- mington shall be a portion of School District No. 20. Chapter 374, Volume 16, passed April 9th, 1881. Certain property in District No. 48 removed. Chapter 49, Volume 15, passed March 25th, 1875. IN KENT COUNTY. Districts Nos, 15, 16, 19, 20, new District No. 46. Districts Nos. 2, 4, 9, 10, new District No. 49. District No. 27, new District No. 50. Districts Nos. 10, 11, 13, 17, new District No. 51. Districts Nos. 29, 30, 33, 34, new District No. 52. Districts Nos. 24, 25, new District No. 53 — returned as 52. District No. 45. Chapter 11, Volume 11, passed February 24th, 1853. District No. 31. Chapter 368, Volume 11, passed March ist, 1855. Districts Nos. ;^2y 35 a"^. District No. 27, new District No. — . District No. 49, new District No. 49 1^. Districts Nos. 3, 4, 5, 6, new District No. 79. Districts Nos. 36, 40, 41, 43, new District No. 79, really 80. District No. 77, new District No. 77J5^. District No. 24, new District No. 24^^. Districts Nos. 41, 42, 44, new District No. 42^. Districts Nos. 43, 44, new District No. — . Districts Nos. 19, 20, 21, 22, new District No. 82. Districts Nos. 13, ^^^ 52, 63, new District No. 81. Districts Nos. 42, 53 and 54. Chapter 10, Volume 1 1, passed January 24th, 1853. Districts Nos. 50 and 51. Chapter 48, Volume 11, passed February 21st, 1853. Districts Nos. 74 and 75. Chapter 83, Volume 11, passed February 24th, 1853, Districts Nos. 54, 62 and 63. Chapter 177, Volume 11, passed February 2d, 1855. Districts Nos. 78 and 3. Chapter 267, Volume 11, passed March ist, 1855. Districts Nos. 48 and 39. Chapter 282, Volume 11, passed March 2d, 1855. Districts Nos. 16, 18 and 19. Chapter 328, Volume ii, passed January 29th, 1857- District No. 75. Chapter 363, Volume 1 1, passed February 17th, 1857. District No. 38. Chapter 375, Volume II, passed February 19th, 1857. Districts Nos. 81, 13 and 11. Chapter 382, Volume 11, passed February 20th, 1857. District No. 59. Chapter ^^Sy, Volume ii, passed February 23d, 1857. Districts Nos. 78, 66, 77 and 77^. Chapter 402, Volume 1 1, passed Feb- ruary 26th, 1857. 14 Laws Relating to Free Schools Section of country between Districts Nos. 30, 31 and 32 made District No. 87, Chapter 420, Volume 1 1, passed February 28th, 1857. Districts Nos. 102, 69, 109 and 161. Chapter 425, Vohune 13, passed March 1 8th, 1869, and revived by Chapter 52, Volume 14. WiUiam Adams, Henry Adams and George Adams changed from District No. 168 to District No. 50, by Chapter 181, Volume 14, passed March 23d, 1871. District No. 57. Chapter 398, Volume 14, passed March 13th, 1873. Certain real estate of Isaac G. Phillips transferred from School District No. 16S to School District No. 50. Chapter 36, Volume 15, passed January 27th, 1875. Certain real estate of John A. Nicholson, G. W, S. Nicholson, Henry Q. Nich- olson and L. W. Muse transferred from School District No. 76 to School District No. 72. Chapter 39, Volume 15, passed March 17th, 1875. United School District Nos. 46 and 133 enlarged by taking certain real estate from District No. 60. Chapter 40, Volume 15, passed February loth, 1875. Districts Nos. 109, 68 and 158. Chapter 360, Volume 15, passed P'ebruary ist, 1877. Certain real estate of George W. Horsey transferred from School District No. 46 to No. 51. Chapter 363, Volume 15, passed February 26th, 1877. Certain real estate of Robert Lambden transferred from School Districts Nos. 45 and 83 to United School Districts Nos. 44 and 150. Chapter 29, Volume 16, passed February 3th, 1879. Certain real estate of Mrs. A. G. Woodruff' transferred from School District No. 75 to District No. 91, Chapter 31, Volume 16, passed March 5th, 1879. Certain real estate of R. E. Deimer transferred from School District No. 75 to No. 91. Chapter 34, Volume 16, passed March nth, 1879. Districts Nos. 56 and 162 consolidated and numbered 56, with power to draw only one dividend. Chapter 35, Volume 16, passed March 12th, 1879. Certain real estate of Daniel Short transferred from District No. 94 to District No, 122. Chapter 41, Volume 16, March 21st, 1879. Certain real estate of Samuel Kinney and Samuel Kinney, Jr., transferred from School District No. 48 to No. 148. Chapter 42, Volume 16, passed March 25th, 1879. Certain real estate of William C. Hern and Edward R. Hern transferred from School District No. 126 to No. 38. Chapter 44, Volume 16, passed March 28th, 1879- Certain real estate of Cyrus Q. Fooks, Daniel Short and others, transferred from School District No. 42 to No. 122. Chapter 363, Volume 16, passed March 24th, 1881. ARTICLE V. UNION OF SCHOOL DISTRICTS. R. c. Chap. 42, Two or more school districts, in any county, may unite for estab- lishing and supporting a free school for their common benefit ; and such districts, when united, sliall be one district by the name of Name of united i' United School District Nos. , in County." district. The manner of forming a union of districts shall be this : In the State of Delaware. ' 15 1. Notice shall be given in each district which it is proposed to Notice to unite, unite, as required for stated meetings in the several districts. 2. At the meeting, thus called in each district, if two-thirds of the Votes necessary r r ^ ■ ^° "^ union. voters present are ni favor of the union, a committee of three of such Appointment of 1 11 L -J 1 1 , committee to voters shall be appomteo to arrange the terms, and the meetmg may arrange terms of union. be adjourned to hear their report ; if a majority of them agree upon a union with any other district, or districts, and settle the terms thereof, the same shall be reported to an adjourned meeting, and if such report Report of com- shall be adopted by two-thirds of the voters present, it shall be obliga- tory, and the districts mentioned shall be united : provided like pro- Proviso, ceedings be had in all the said districts ; but if, in either district, the report be not adopted by a vote of two-thirds, this shall not defeat the union between the other districts so adopting it ; they shall be united and the other shall be excluded. 3. A meeting of the united district shall then be held at the time First meeting of and place fixed by the terms of the union. At this meeting a school Business of. committee for the united school district shall be chosen, and a vote may be passed to raise money by contribution, but not by tax. This meeting shall also inquire into the proceedings preparatory to the union of the districts ; and its determination thereupon shall be conclusive. United school districts shall have the same powers and exercise them r. c. chap. 42, in the same manner as original districts. The power of taxation shall Powerro/united extend to the amount that could lawfully be raised by tax in the several districts composing such united district if acting separately. [But United School Districts Nos. 23 and 75, in New Castle County, may. Districts Nos. 23 1 1 • • 1 • 1 • 1 1 1 11 and 75, N. C. Co. so long as they remam united, raise, by taxation, one thousand dollars may levy tax of ;^iooo annually. annually ; and if they disunite and become separate districts, each of the said districts may raise, by taxation, five hundred dollars annually.] The union of districts shall not affect the account of the Trustee of the School Fund ; but dividends of the income of the fund shall be ap- united district entitled to divi- portioned and credited to the original districts, as before the union: dends of the *=■ several districts and all sums placed to the credit of the several districts, of which the comp^osed!^ '^ union is formed, shall be paid upon the order of the school committee of the united district, and applied to the use of such district, upon their showing that a sum has been raised sufficient to entitle these several districts to draw their dividends. 1 6 Laws Relating to Free Schools Place of meeting The placc of meeting of school voters of an united district shall be of the school voters. ti^e school housc of the district; or, if there be none, then one at the school house mentioned in the notices, which shall conform to any- standing order of the school voters. Proposal to have A proposal to havc Several school houses in an united district may several school houses in a j^g brought beforc a regular meeting of the school voters by inserting it in the notices of such meeting. If such proposal is made, the Sec- retary shall inquire concerning the regularity of the notice, and make a minute of the facts. If it be carried, the school committee shall have power to execute it. R. c. Chap. 42, The respective school committees of adjoining districts shall have Sec. 10. Joint primary , powcr to make such arrangements, in establishing a school for small schools. tchap. 40, children over sixt years old, for the joint benefit of such adjoining dis- Vol. 16. tricts, as they may deem proper. [For consolidation, or re-districting, by Superintendent, see Article ^ pages-] The following are the districts which have been consolidated, with corporate powers, by acts of Assembly : School Districts Nos. 8, 12, 93 and 160, in Sussex county, incorporated under the name of the " Milton Academy." Chapter 484, Volume 13, passed April 7th, 1869; amended by Chapter 370, Volume 15, passed February 7th, 1877. School Districts Nos. 70, 102, 70^ and 102, in Sussex county, incorporated under the name of the " Seaford Public Schools." Chapter 45, Volume 15, passed March 17th, 1875; amended by Chapter 362, Volume 15, passed February i6th, 1877. School Districts Nos. 52 and 76, in New Castle county, incorporated under the name of the "Delaware City Public Schools." Chapter 52, Volume 15, passed March 4th, 1875. School Districts Nos. 14, 15, no and 112, in Sussex county, incorporated under the name of the " Board of Public Education for the Town of Lewes." Chapter 53, Volume 15, passed March 19th, 1875 ; amended by Chapter 372, Volume 15, passed March 23d, 1877. School Districts embraced in the limits of the city of New Castle, New Castle county, incorporated under the name of the " Board of Public Education for the City of New Castle." Chapter 54, Volume 15, passed March loth, 1875. School Districts Nos. 60 and 94, in New Castle county, incorporated under the name of the " Middletown Schools." Chapter 357, Volume 15, passed January 29th, 1877; amended by Chapter 359, same volume. School Districts Nos. 6 and 95, in Kent county, consolidated and called Dis- trict No. 6. Chapter 361, Volume 15, passed February 9th, 1877. In the State of Delaware. School Districts Nos. 65 and 66 and United School Districts Nos. 42, 43, 68 and 70, in Kent county, consolidated under the name of " The Public Schools of Milford, Kent county." Chapter 365, Volume 15, passed March 8th, 1877. School Districts Nos. 50 and 108, in Kent county, consolidated under the name of "The Magnolia Public Schools." Chapter 367, Volume 15, passed March I2th, 1877. School Districts Nos. 18, 60, 90, 91, 92 and loi, in Kent county, incorporated under the name of "The Board of Education of the Dover PubUc Schools." Chapter 371, Volume 15, passed February 26th, 1877. School Districts Nos. 56 and 162, in Sussex county, consolidated into one school district and called No. 56. Chapter 35, Volume 16, passed March 12th, 1879. School Districts Nos. 27 and 122, in Kent county, consolidated into one school district under the name of the " Lebanon Pubhc Schools." Chapter 38, Volume 16, passed March 9th, 1879. School Districts Nos. 32 and 108, in Sussex county, consolidated under the name of " The Selbyville Public Schools." Chapter 358, Volume 16, passed March 8th, 1881 ; supplemented by Chapter 367, Volume 16, passed March 31st, 1881. School Districts Nos. 152 and 80, in Sussex county, consoUdated under the name of " The Lowe's X Roads Public Schools." Chapter 360, Volume 16, passed March i6th, 1881 ; supplemented by Chapter 368, Volume 16, passed March 31st, 1 88 1. School Districts Nos. 26 and 112, in Kent county, united into one school district under the title of " The Canterbury Public Schools." Chapter 364, Volume 16, passed March 25th, 1881. School Districts Nos. 67, 96, 106 and 107, in Sussex county, united under the name of " The Board of Commissioners of the Public Schools of Georgetown, Sussex County." Chapter 365, Volume 16, passed March 29th, 1881. United School District Nos. 3 and 77, and United School District Nos. 5 and 107, in Kent county, united under the name of the " Smyrna Public Schools." Chapter 366, Volume 16, passed March 30th, 1881. The Wilmington Districts, consisting of Nos. 3, 9, 10,11, 12, 13,14, 15, 16, 17,18 and 19, in New Castle county, were consolidated by the following acts, viz : "An act for the benefit of public schools in Wilmington," passed at Dover, February 9th, 1852 ; "An act to amend the act for the benefit of public schools in Wilming- ton," passed at Dover, January 20th, 1853; "A supplement to the act for the benefit of public schools in Wilmington," passed at Dover, February loth, 1855 ; "An act to amend the act for the benefit of pubhc schools in Wilmington," passed at Dover, March 3d, 1857; "A further supplement to the act for the benefit of public schools in Wilmington," passed at Dover, P'ebruary 25th, 1859; "An act in addition to the act for the benefit of public schools in Wilmington," passed at Dover, February i ith, 1863 ; "An act in further addition to the act for the benefit of public schools in Wilmington," passed at Dover, January 22d, 1869; "An act to amend the further supplement, passed at Dover, February 24th, 1869, to the act entitled 'An act to amend Chapter 73 of the Revised Statutes,' " passed at Dover, March 30th, 1869; "An additional supplement to the act entitled *An act for the benefit of public schools in Wilmington,' " passed at Dover, February 24th, 187 1 ; "A further supplement to the act for the benefit of pubUc schools in Wilmington," passed at Dover, February 24th, 1871 ; "A further supplement to the act for the benefit of public schools in Wilmington," passed at Dove r, April 3 ^^^ Of TBM 17 1 8 Laws Relating to Free Schools 8th, 1873; "An ^^t to annex, for school purposes. School District No. 19, in New Castle county, to the city of Wilmington," passed at Dover, March loth, 1875; •'An act to amend an act entitled 'An additional supplement to the act entitled 'An act for the benefit of public schools in Wilmington,' ' " passed at Dover, March 22d, 1877 ; "A further supplement to an act entitled 'An act to amend an act entitled 'An additional supplement to the act entitled 'An act for the benefit of public schools in Wilmington,' ' " passed at Dover, March 6th, 1879; "An act to further amend the charter of the city of Wilmington, Section 13 thereof," passed at Dover, April ist, 1869; "An act in relation to taxation in certain parts of the city of Wilmington," passed at Dover, March 15th, 1877; "A further supplement to the act entitled 'An act to limit the city debt of Wilmington and to provide fcr the discharge thereof,'" passed at Dover, March 20th, 1877; "A further supple- ment to an act entitled 'An act to amend an act entitled 'An additional supplement to the act entitled 'An act for the benefit of the public schools of Wilmington,' ' ' " passed at Dover, March Cth, 1879; "-^ further supplement to the act for the benefit of public schools in Wilmington," passed at Dover, April 8th, 1881. ARTICLE VI. STATED MEETINGS. R. c. Chap. 42, The school voters in each district shall hold a stated meeting every Stated annual year, on the first Saturday of April, at two o'clock in the afternoon, at the place appointed by the Levy Court, until there shall be a school house for the district, and then at such school house ; the meeting shall Meeting kept bc kept opcn at least one hour. [Except School District No. 8, in open one hour. Exception. Ncw Castle county — the hour for holding the annual meeting therein Chap. ^36. Vol. .^ ^^^^^ ^^ ^,^j^^^ ^^ ^ o'clock, P. M.] Every person residing within the district and having right to vote school voter" ° for Representatives in the General Assembly,| and having paid his ^ ^agVsec^i^.^^' school ^ax for the preceding year, shall be a school voter of said district. And if any person, not being so qualified, shall vote at any meeting Penalty for iUe- of school votcrs therein, he shall be deemed guilty of a misdemeanor, gal voting. and shall be fined fifteen dollars. Quorum of Any number of voters present may proceed to business, and their acts shall be valid. voters. Chairman and They shall appoint a chairman and secretary, and then elect by secretary elected ,11* 1 tchap. 138, Sec. ballot, by a majority of votes from the school voters,-|- at every anuual One member of meeting, one member of the school committee to serve for the term of ed by ballot for three years as a successor to the member whose term shall at that 3 years. time expire, [according to Chapter 138, Volume 13,] and shall In the State of Delaware. 19 likewise elect to fill all vacancies or unexpired terms occasioned by Vacancies to he . filled at stated death, or otherwise, of any member of said committees. meetings. The school voters shall then resolve, by a majority of votes, what ^ ^ t:hap. 42, Sec. 3. sum shall be raised in said district for a school house or a free school Resolution to raise money. therein. They shall then proceed to vote by ballot respecting a tax ; Vote by ballot • for tax. and if a majority of the votes be ^' for a tax,"" the sum so resolved to be raised may be levied by taxation. If the majority of the votes be " against a tax,'' the sum so resolved to be raised may be raised by ^^"^ J^^^^V^^ subscription. ^'^ st:bsc?iption. When a majority of the voters of any school district, at their annual ^^^^Ji^'^l^*^- ^' meeting in April, wish to raise by tax more than the amount provided Larger sum for " * •' *■ school may be for in Article XI, for the support of a free school in their district, they nof^^ eJceed~ shall resolve, by a majority of votes, what sum shall be raised for that '^°°' purpose : provided said sum does not exceed the sum of four hundred dollars, exclusive of the amount provided by Article XL When a majority of the voters of any school district, at their annual chap. 7>, Sec. 3, Vol. 12. meeting in April, wish to raise by tax any sum of money not exceeding Money for school five hundred dollars, for the purpose of building or repairing a school J^^^^^^ ^y,^^J~ house in their district, they shall resolve by a majority of votes what *^°° sum shall be raised in said district for that purpose. No vote respecting a tax shall be taken at any other time than the R. c. chap. 42, Sec. 3. Stated annual meeting, or the substitute therefor. Any district, upon Any district ... , . raising ^300 may raising the sum of three hundred dollars in any year, by tax, may, in raise, by quar- terly apportion- addition thereto, levy such further sum as may be required for a good '"^"^ °" persons ' ■' ' ~i o sending scholars, school therein, by quarterly apportionment, in the discretion of the be^^qui^edVSl-^a committee, on the persons sending scholars to such school, unless a . majority of the voters, at the stated annual meeting, direct otherwise. The sums so apportioned may be collected in the same manner that the school taxes are collected, and the collector and his sureties shall be liable, on his bond, for the same, as for taxes. A stated meeting, after appointing a chairman and secretary, may when a stated adjourn ; and the proceedings of the adjourned meeting shall be of the adjourn. same nature and force, except as to a tax, as if had at the original meeting. If the annual stated meeting shall not be held in any district, or if 20 Laws Relating to Free Sciiooes ^•^^P^P- 42, the school committee shall not then be appointed, or a resolution to fnnuaTiITe^ui^ ^^^^^ monev passcd, the district shall not thereby lose the power to Other meetings proceed, but meetings, adjourned, occasional, or stated, may be held: may be held. and if there be no clerk, or commissioner, of the district to give notice of a stated meeting, it shall be given by the Clerk of the Peace, on application of five or more of the school voters of such district, by advertisements, posted as required for other stated meetings. R. c. Chap. 42, The school committee of each district, elected as aforesaid, shall continue in office until successors to them are duly elected. Vacancies in Vacancies in the committee may be filled at any adjourned or occa- committee, how filled. sional meeting. Each of the committee shall be sworn or affirmed to 1 o be sworn or ° affirmed. perform his duty with fidelity. ARTICLE VIL OCCASIONAL MEETINGS. R. c. Chap. 42, Occasional meetings of the school voters of a district may be called Occasional meet- by the school Committee, by advertisement stating the business of the ings, how called. "^ Place. meeting, and posted as required for stated meetings. They must be held at the place where the stated meetings are held. i?e"eSar ^oTc? "^"^ number of the school voters, met pursuant to such call, may appoint a chairman and secretary, and transact any business mentioned Duty of secre- in the advertisements, but no other. The secretary shall make a note tary. •^ of the business mentioned in the advertisements, and where and when they were posted. These entries shall be conclusive, unless proved frauduknrentr f^'^^'^ulent ; and the making a fraudulent entry shall be a misdemeanor, punishable by fine not exceeding one hundred dollars. ARTICLE VIII. RETURNS. R. c. Chap. 42, Two certificates of the proceedings of every meeting of school Return of pro- voters shall be made and signed by the chairman and secretary : one ceedings of o / school voters, gi^^ll be delivered to the clerk of the district, the other to the Clerk of When made, by the Peace of the county, to be kept as a public record. If the chair- whom. man,. or secretary, shall neglect his duty in this respect, for the space Penalty for neg- of One month, he shall be deemed guilty of a misdemeanor, and be lect, I50. fined fifty dollars. If the certificates be not so delivered within one month, the pro- In the State of Delaware. 21 ceedings of the meeting shall be void ; and the school committee in Proceedings void. office, next before such meeting, shall continue in office, so far as to ^ho may call another meeting. call another meeting, and shall proceed to do so, by advertisements, posted as required for stated meetings. A statement that the proceed- ings of the last meeting have not been duly returned, shall be a suf- ficient statement of the business; and at a meeting so called, the school voters shall have power to do any act which they could do at Power of such meeting. the preceding meeting ; and the meeting shall be regulated by the law applicable to the preceding meeting, and shall be a substitute therefor. ARTICLE IX. GENERAL POWERS AND DUTIES OF COMMISSIONERS AND CLERKS. The powers and duties of school committees shall be : ^- ^- ^^ap. 42, Sec. n. 1 . To determine the site ; lease or purchase the necessary ground, Duties and pow- , . , , , ers of committee. and build or procure a suitable house for the district. The school Location of 1 1 II 1 ,-1 school bouse. house shall be as near the centre of the district as practicable ; when it is built, or procured, it shall not be removed, nor another procured, School house, when moved. without the direction of the school voters at a stated meeting. 2. To keep the school house in good repair, and supply it with To be kept in good repair. necessary furniture and fuel ; to bring actions, if necessary, for any injury to it. 3. To provide a school for the district, when, and as long as their R. c. chap. 42, Sec. II. funds will enable them ; and to employ teachers. They shall employ Employment of teachers. no teacher whom they shall not have just ground to believe to be of Qualifications of teachers. good moral character, and well qualified to teach reading, writing, arithmetic, and English grammar, and such other branches of knowl- See. 9, chap. 46, Vol. 16. edge as they may deem necessary to be taught in their district, and Persons not holding certifi- who does not hold a certificate from the State Superintendent. And cates shall not be employed. any one so employed shall receive no compensation whatever; but the Superintendent may issue temporary permits to teach for a period Temporary not exceeding thirty days, when, in his judgment, the interests of education require it. They may employ a female teacher when and Female teachers. for such parts of the year as they may deem best to do so. They may dismiss a teacher. They may make regulations for the government ofCommtteemay the school, and by these may provide for the expulsion of a scholar f^j^^^f"^"^ °^ for obstinate misbehavior. The school shall be free to all the white children of the district, over six years old. 2 2 Laws Relating to Free Schools Funds of district. 4. To reccive aiid collect all money belonging to, appropriated, or resolved to be raised for the district, and to apply the same justly. To appoint col- 5. To appoint collectors for the district, and take security, by bond, lectors. which may be in this form : Bond, form of. " KnOW ALL MEN BY THESE PRESENTS, That We, , are firmly bound, jointly and severally, to School District No. , /// county, in the sum of , to be paid to said school district ; sealed with our seals and dated the day of , i8 . The condition of the above written obligation is such, that if the said , who is collector of the school district aforesaid, shall wetl- and faithfully execute said office and perform all his duties as such collector, then the said obligation shall be void. ' ' 6. To do all acts requisite for effecting the premises. Quorum of com- The acts of a majority of the school committees shall be as effectual, mittee may act. in all cases, as if done by them all. R. c. Chap. 42, It shall be the duty of the school committee to post two copies of Sec. 19. Committee to the account settled, as required by Article XV, in public places of post two copies of the account, the district, within ten days after the settlement ; and if they neglect Penalty. this duty, they shall forfeit and pay to the district ten dollars. R. c. Chap. 42, The school committee shall, annually, at the stated meeting, exhibit Sec. 20. Committee re- a just account of their receipts and expenditures and a report of all port to stated meeting. their proceedings. The meeting may appoint persons to settle said Committee to account. The said committee shall pay to their successors in office all pay over money to successors, money due from them, and if they neglect to do so for ten days, they shall forfeit and pay, additionally, the rate of twenty-five per cent, on the sum due. Allowance of ^he Committee shall receive no emolument; but for attendance before the Auditor, they shall be allowed, in their account, each one dollar per day, and three cents per mile of necessary travel. R. c. Chap. 42. It shall be the duty of the clerk of the district to give notice of the Sec. 4. Notice of stated Stated meetings, by advertisements, under hand, of the day, hour and meetings. place thereof, posted in five or more public places of the district, at Penalty for neg- least five days before the meeting; and if he neglects this duty, he shall forfeit and pay to the district ten dollars ; but the want of such Commissioners notice shall not make the acts of the meeting void. If there be no to give notice . , 1 n • 1 • i when no clerk. Clerk, the commissioners shall give the notice under the same penalty. In the State of Delaware. 23 The clerk of the district shall keep a record book of the district, in r. c. chap. 42, which he shall enter its bounds and description and any changes Record book of district— what therem, a copy of the certificate of the proceedings of every meeting ^o contain. of the school voters, the proceedings of the school committee, and the names of the scholars attending the school, a Hst of whom shall be furnished by the teachers. This book shall be evidence. He shall also keep all papers belonging to the district, or to the committee. / It shall be the duly of the clerk of each school district to distrib- Sec. 6, chap. / ^ 369, Vol. 16. / ute the books received from the State Superintendent, as aforesaid, Distribution of / school books / to the scholars of the district, or their parents, guardian, or other ^y clerks. \ person, as they may desire, upon the receipt of the price for the same, How paid for. which shall be forwarded by him to the State Superintendent within thirty days thereafter. The clerk of each district shall be responsible for the safe keeping of the books furnished him by the Superintendent Safe keeping of books. as aforesaid, and also for the price of the books sold to parents, guar- dians, scholars, or other persons. Any money, or the value of the Remedy for default in clerks. books which such clerk may fail to account for, according to law, may be recovered in the name of the State by the State Superintendent, before a Justice of the Peace, as other accounts, when the amount does not exceed the sum of one hundred dollars. Such clerk shall Report of clerk. also make a report to the State Treasurer quarterly of the number of books, and their kind and price, supplied by the State Superintendent as aforesaid, and at the expiration of his term of office shall turn over to his successor in office all the books on hand and take a receipt for the same, which shall be his voucher in settlement. ARTICLE X. TEACHERS. It shall be the duty of every teacher employed under the provisions See. 12, chap. of this act to make out and hand to the commissioners of the district, Quarterly reports. at the end of each quarter, a report, setting forth the whole number what to contain. of pupils attending school during the quarter, designating whether male or female, the number of days each has attended, the books used and branches taught ; and until such report shall have been made, it when teacher's shall not be lawful for the commissioners to pay such teacher his or her withheld. salary. The reports made in pursuance of the previous provision shall ance upon insti- . . tutes not to be tcachcr by the commissioners of any district. 24 Laws Relating to Free Schools When reports be forwarded annually, in the month of April, by the clerks of the shall be for- . warded to the several districts, to the State Superintendent. Superintendent. ' ^ Chap. 369, Vol. The time during which each teacher shall be in attendance upon the 16. Time for attend- institutc shall not be deducted from his or her period of service as ance upor tutes not 1 deducted. ARTICLE XI. ASSESSMENTS. R. c. Chap 42, It shall be the duty of the school committees of the several school Sec. 12. Assessment, districts to make assessment lists for their respective districts. Such how made. Polls. lists shall consist of the rates of persons of all the white male inhabit-. ants of the district over twenty-one years old ; of the rates of the Chattels. personal property of all the white inhabitants of the district ; and of Rental value of the clcar rental value of all the assessable real estate within the district lands. Chap. 46,Voi. 15. owned by white persons. The personal property of all white persons ty^Habie tSTaxI- ^ow subject to tax for school purposes in the school districts shall be tion for school 1. i, , r ^ ^ • 1 1 1 !• purposes. liable to assessment and tax for school purposes in the school district only where Only in which it is actually located ; and it shall be the duty of the actually located. Duties of school school committces of the several school districts within the limits of committees relative thereto, this State, making the assessment lists for their respective districts, to place thereon the rates of the personal property now subject to tax for school purposes in the school district in which it has an actual location only, irrespective of the residence of the owners thereof. The school committees of the several school districts within this State shall not take the rates of personal property from the assessment list of the hundred in which it stands assessed at the time, but shall fix the rates Property to be of pcrsonal property for their respective school districts upon personal viewed person- ally- view thereof, or other sufficient information of the owners or persons having control of the same. The said school committees, in making the assessment lists for their respective school districts, shall adopt and use as a guide the assessment list of the hundred in which their dis- tricts may be situated, so far as it may be practicable. The assessment list of each school district aforesaid, shall only include the personal Proviso. property actually located therein : provided that no property shall be assessed for school purposes, under the provisions of this act, which is exempted from taxation for county purposes. They shall assess the In the State of Delaware. 25 clear rental value beyond reprises of all the assessable real estate in the district, and make out a list of the names of the persons assessed Lists of names of persons as- in alphabetical order, the rates of persons,* and of personal property, sessed. number of acres or other description of real estate, and the clear rental value thereof. When the line between two districts crosses the lands when line be- tween two dis- of any person occupied in one body, the whole of such lands shall be tricts crosses ■' ^ ^ lands of any assessed in the district where the dwelling-house is, and no part in the p^^'so"- other : provided that any tenant residing on such lands, in an adjoin- chap. 370, Vol. 16. ing district, shall, at his election, communicated in writing to the school committee of such adjoining district, at any time prior to the completing of the assessment list, be only assessed, and have school privileges, in the district in which such tenant resides. It shall be the duty of the school commissioners in each of the Sec. 8 chap. 369, Vol. 16. school districts of the State, annually, in the month of April, to assess Amount of tax to be levied without and levy, without regard to any vote thereon, in each of their respec- [Jg^^jj^^" "^^^ tive districts, that is to say : in each of the school districts in New Castle county, the sum of one hundred and fifty dollars; in each of the school districts of Kent county, the sum of one hundred and twenty- five dollars ; and in each of the school districts in Sussex county, the sum of sixty dollars, to be applied to the support of the schools of their districts respectively. A copy of the assessment list shall be posted in some public and r. c. chap. 42, Sec. 12. suitable place of the district for inspection ; and the committee shall, copy of assess- ment list to be by advertisement in at least five public places in the district, give notice posted. that said list is posted, and where ; and of the day, hour and place Notice of it. (not less than five days thereaifter), of their sitting to hear objections to Notice of time and place of it. Upon such hearing they shall make all just corrections, and add appeal. anything omitted, but they shall not alter a rate taken from the assess- Corrections of ment list of a hundred [with regard to the rates of persons.] They may adjourn if necessary. The list, when settled, shall be conclusive, and shall stand until the R. c. chap. 42, Sec. 12. next assessment in the district, when a new list shall be made for each List when set- tied shall be school district. conclusive. ■nt appears that the commissioners of School District No. 53, in New Castle County, are authorized to increase the capitation or poll assessment in said district sufficient to raise the difference between $550 and $700, by Chapter 406, Volume 14, passed April 1st, 1873. 4 26 Laws Relating to Free Schools Proceedings of The proceedings of the committee in making an assessment list shall committee not to ^ but'foTfraud^ "^^ ^^ questioned, except for fraud, or corruption. Vol. 12, ciiap. The several school committees elected shall, annually, on oath or 296, Sec. 2. ■' School commit- affirmation, revise and adjust the assessments of rental values in their tee to revise the ?entaWa"ues^ respective districts, so as to make them bear a due proportion to each annually. Other, having respect to their productiveness to their several owners. Vol 12, Chap. As soon as said assessments have been so adjusted, it shall be the 296, Sec. 3. Non-re.sident.s to duty of the clerks of the several districts to direct a letter to the ad- be notified by clerk of district dress of cach non-resident, whose rental valuation has been assessed in of time and place of appeal. ^^^^ district, Stating the amount of his or her rental valuation in any of said districts, and the day and hour when the school committee will ' sit as a Court of Appeal to hear any objections that may be made to said assessment. The following are the districts which are authorized to raise a sum of money in excess of the amount which each district is required to raise : Chap. 552, Sec. School District No. 3, in New Castle county, may raise, annually, by tax, $500 [.Yd 1. II for the support of schools in said district. Chap. 419, Vol. School District No. 19, in New Castle county, may raise, annually, by tax, ^600 for the support of schools in said district. Chap. 140, Vol. The Committee of School District No. 21, in New Castle county, are authorized, ^^" directed and empowered to mortgage the two-story brick school house belonging to said district and the lot or piece of ground appurtenant thereto for a sum not exceeding ($2000) two thousand dollars, payable in yearly installments of ($400^ four hundred dollars each, on the first day of March in each year, together with lawful interest for the same. The said commissioners and their successors in office are authorized, directed and required to levy, yearly (in addition to the tax for carrying on the school directed to be levied at the stated meeting), the said sum of four hundred dollars, together with the amount necessary to pay the in- terest on said mortgage and the expenses of collecting said tax, and pay the same to the mortgagee, his heirs and assigns, as the same may become due and payable according to the terms of said mortgage. Chap. 142, Vol. School District No. 53, in New Castle county, may raise, by taxation, yearly, ^3" ^400 for the support of schools in said district. Chaps. 427 and School Districts Nos. 8 and 20, in New Castle county, each may raise, by taxa- 428, Vol. 13. tion, annually, any amount not exceeding ^600 for the support of the public schools therein. Chaps. 429 and School Districts Nos. 91 and 29, in New Castle county, each authorized to 430, Vol. 13. borrow a sum of money not exceeding ^I5CXD, on mortgage of the school house and ground appurtenant thereto, payable in three equal annual installments ; and In the State of Delaware. 27 the commis.-iioner.s of said districts authorized to levy and collect, yearly, in addi- tion to the tax for carrying on the school therein, such sum as shall be necessary to meet said annual payments. School District No. 20^, in New Castle county, authorized to mortgage the Chap. 431, Vol. school property therein on such conditions as the commissioners may consider ^^ most conducive to the interest of said district. School District No. 78, in New Castle county, may raise, annually, by taxation. Chap. 44, Vol. any amount not exceeding ^1500 for the support of a free school in said district. ^'^' School District No. 67, in New Castle county, authorized to raise, by taxation. Chap. 45, Vol. any amount not exceeding $600 for the support of free schools in said distnct. ^^' United School District Nos. 11 and 81, in Kent county, may raise by taxation. Chap. 47, Vol. annually, ^^500, in addition to the amount now authorized by law, for the support ^*' of a free school in said district. School District No. 93, in New Castle county, may raise by taxation, annually. Chap. 51, Vol. the sum of $600 for the support of the public school. ^^' School District No. 40, in New Castle county, authorized to raise $1500 for the Chap. 395, Vol. procurement of a lot of ground and the erection of a school house thereon. ^^' School District No. 63, in New Castle county, authorizv;d to borrow a sum not Chap. 396, Vol. exceeding $2000 for the purpose of erecting a school house and furnishing the same. ^^' Schools of the town of New Castle authorized to raise such sums as the Com- chap. 397, Vol, mittee on Education .shall direct, not to exceed $3000 annually. ^'^' United School District Nos. 23 and 75, in New Castle county, may raise by Chap. 400, Vol. taxation, annually, any amount not exceeding $1500. ^'^' School District No. 91, in New Castle county, authorized to raise, yearly, for Chap. 401, Vol. two consecutive years, $300 to liquidate the debt due on school house — 1873. ^^' School District No. 94, in New Castle county, authorized to borrow any sum of chap. 402, Vol. money not exceeding $2500 for the purpose of erecting and furnishing a new ^^■ school house in said district — 1873. School District No. 21, in New Castle county, may raise, annually, by taxation. Chap. 403, Vol. any sum not exceeding $1000 for the support of public .schools. ^'^' School District No. 94, in New Castle county, may raise by taxation, annually, Chap. 404, Vol. ^^500 for the support of public schools. ^'^' United School District Nos. 3 and 77, and United School District Nos. 5 and Chap. 405, Vol. 107, in Kent county, may each raise by taxation, annually, any sum not exceeding $600, .subject to the vote of the school voters therein. School District No. 53, in New Castle county, may raise by taxation, annually. Chap. 406, Vol. ^700 for the support of the school, and the commissioners empowered to increase ^'^' the capitation tax. School Di.strict No. 72, in Sus.sex county, may raise, annually, by taxation $150 Chap. 43, Vol. in lieu of the amount required to be raised by law for support of a free school ; and may raise any sum not exceeding $400, if the school voters therein shall so determine. United School District Nos. 39 and 41, may raise, annually, by taxation ^1000 Chap. 44, Vol. for the support of a graded school. School District No. 91, in Sussex county, may raise by taxation, annually, ^100 Chap. 37, Vol. for school purposes. 28 Laws Relating to Free Schools ARTICLE XII. LEVY AND COLLECTION OF TAXES. K. c. Chap. 42, Upon the completion of the assessment and levy of the school tax Sec. 13. Chap. 354, Vol. in the school districts in this State by the respective school committees, Taxes, how provided for in Article XI, they shall determine the rate on every levied. hundred dollars of the amount of the assessment list required to raise the sum levied with ten per centum added thereto for delinquencies and costs of collection. After determining the rate as aforesaid, it shall and may be lawful for said school committees to accept and re- ceive the tax of each and every person liable to pay the same who shall tender the payment thereof before the tenth day of May in the year in which said tax shall be levied, and the committees shall allow to every person so paying their tax within said time an abatement of eight per cent, upon said tax. Chap. 354, Vol. It shall be the duty of the school committee in the several school 16. districts aforesaid, on the tenth day of May in each year, or as soon Delivery of thereafter as practicable, to execute and deliver their warrant, with duplicate of un- to cSkcto?''^^ duplicate of the uncollected assessment list, to a collector specially appointed by said school committee, or to the collector of county taxes for the hundred in which such school district may be situated, and the said collector shall be and he is hereby required to accept the same Powers of col- and collect the taxes thereon assessed. To execute the said warrant lector. R. c. Chap. 42, the said collector shall proceed in the manner and have all powers of Sec. 13. a collector of county rates. The warrant may be in this form : ^ Form of warrant. County, School District No. ss. The State of Delaware : To the Collector of We command you to collect from the respective persons named ift the annexed duplicate, the rate of on every hundred dollars of the amount with which they respectively stand assessed, according to said duplicate ; and if either of said persons shall not, in ten days after demand, pay the sum which you are required to collect from him, you are authorized to proceed in the manner and use all the means provided by law for the collection of county rates. Given under the hands a?id seals of the subscribers, members of the school committee of the district aforesaid, the day of , A. D. 18 — . In the State of Delaware. 29 If any collector of a hundred refuse to receive and execute a war- R. c. chap. 42. Sec. 13. rant, directed to the collector of said hundred, according to this Penalty for neg- lecting or refus- section, he shall forfeit and pay to the school district, whose school '"?. '^y ^""dred collector to serve committee issued such warrant, the sum of fifty dollars. The executor Executors or administrators of or administrator of a collector may execute the warrant, and shall collector, have all his powers. The oath of the collector, or of his executor, or Demand, how proved — on non- administrator, shall be competent evidence of the demand: and no resident not necessary. demand shall be necessary in case of a non-resident of the district. In addition to the powers now possessed by school tax collectors in chap. 354, Voi. 16. this State, it shall and may be lawful for any such collector, after Power of school tax collector to demand made by him for the payment of the tax assessed against any attach effects of inhabitant of the school distj"ict for which he is collector, and the failure of said taxable to pay the same on said demand, to give written notice to any person residing in the county wherein said district is located whom he may suppose to have in his possession any goods or chattels, rights or credits, moneys or wages, belonging or owing to said taxable, stating the amount of taxes due from said delinquent taxable: and if the person so served with notice shall fail to deliver R'ght to sue '^ persons failmg to up such goods and chattels, or to pay so much money or wages in his f'^^pond to notice possession as shall satisfy said school tax due from said delinquent, said collector may proceed, by suit in the name of the school commissioners Mode of of the district, before any Justice of the Peace in and for said county, against any person so notified, as aforesaid, and recover against him, her, or them, a judgment for the amount of said tax of said delin- quent, with costs, or for so much of said tax as may be equal to the value of the goods and chattels, rights and credits, moneys and wages in his, her, or their hands or possession at the time of service of said notice, or at any time between then and the rendition of said judgment. The process, mode of trial, right of appeal, and form of proceeding shall be as prescribed in Chapter 99 of the Revised Statutes of this State. The oath of the collector shall be sufficient evidence of the demand and refusal of the aforesaid [tax] and of service of said notice. If a person, liable to pay a rate, removes from the district, or diesR. ^-^^^^^^p- 42, without payment, it shall be deemed a debt due to the collector, and .^^rs^s remov- may be recovered by suit before a Justice of the Peace. 30 Laws Relating to Free Schools R. c. Chap. 42, The collector shall, within thirty days after receiving the warrant, Collector to pay pay to the school committee the amount which he is required to collect, over in thirty days. deducting delinquencies to be allowed by them, and his fees, at the Delinquencies, fees, &c. rate of ten per cent, on the sum collected when it does not exceed fifty dollars, and eight per cent, when it exceeds that sum ; and every collector of a hundred, and his sureties, by virtue of his official bond. Liability of shall be liable thereon for every failure of duty and default in the collector. premises; which bond shall be proceeded on at the instance of the school committee of the district aforesaid. R. c. Chap. 42, If any collector shall neglect to pay to a school committee the Sec. 15. Penalty for moncv collccted by him on their warrant, and due, such committee neglect. Suits, &c., to be may, if the amount does not exceed one hundred dollars, sue him, in brought. their own names, before a justice of the Peace, and recover the same. Chap. 16, Sec. I, Where it appears, upon settlement by the school committee of a Vol. 13. district, that there is due from said committee to the district, for money actually received by said committee, any sum whatever, an Action of debt action of debt may be brought in the name of the district, or against may be brought before Justice of the Said committcc, or the survivor or survivors of them, in their indi- the Peace against .school committee YJ(jua,l namcs, for recovery of the same, as also for the penalty now or survivors for ' -' ' r J distS. "^ provided by law ; and judgment thereon shall be given as in other cases, and may be executed accordingly ; such action, no matter what the sum demanded be, may be brought before a Justice of the Peace, and shall be proceeded in as other actions within their jurisdiction are. ARTICLE XIII. SCHOOL FUND. R. c. Chap. 42, The clear income of the School Fund of this State is hereby appro- Sec. 2. priated and apportioned among the school districts as follows : Of the Sources of Free investments made of the surplus revenue fund — the dividends on the School fund. investment in five thousand shares of Farmers' Bank stock, made under act of February 21, 1837 ; and the interest on one hundred and thirty-one thousand seven hundred and fifty dollars of the bond for one hundred and fifty-six thousand seven hundred and fifty dollars of the State of Delaware to the School Fund of said State, at six per cent, interest, issued under the provisions of Chapter 324, Volume 16; and the interest on the sum of five thousand dollars, advanced to the In the State of Delaware. 31 County of Sussex under the act of February 17, 1837, shall be divided, Distribution, as they fall due, among the counties equally ; and the Trustee of the School Fund shall so distribute these dividends and interest among the counties, (taking into consideration the said loan of five thousand dollars made to the County of Sussex,) as that each county shall re- ceive an equal sh^re of the interest and benefit derived from the said surplus revenue fund, invested as aforesaid ; and shall apportion and distribute the same among the school districts of said counties respec- tively, in the same manner as other income of the school fund, \_pro- ch. 486, Voi. 15. vided that the interest on the said sum of ^5,000 advanced to the County of Sussex, as aforesaid, shall be added to and form a part of that proportion of the dividend and income from the said school fund belonging to said County of Sussex;] and all the clear dividends or profits, to be declared, or accrue, upon any other bank stock, or other securities, or property, belonging to said fund, together with the clear sum arising from fees for marriage and tavern licenses, and any other income of said fund, or money directed by law to be paid to the trustee of said fund for distribution, shall be apportioned among the several counties according to their white population, as ascertained by the census of eighteen hundred and thirty. The Trustee of the School Fund, in the apportionment of the share chap. 442, Sec. I, Vol. II. of each of the counties of this State of the income of the School Fund Distribution of School Fund of among the school districts of the several counties in August, annually, each county equally among shall distribute and apportion the same equally among all the districts ^}.' ^"jj^ ^^^'^^J*^'^ in the respective counties, without regard to the fact whether the said districts are original or subdivided, and so that each district in the same county, whether original or subdivided, shall receive the same sum or share, except that in the apportionment of the share of New Castle county, among the several districts thereof, the said trustee shall set apart one-seventh part thereof, and shall distribute the same among Exception as to the City of the districts contained within the limits of the City of Wilmington, Wilmington. and the residue among the remaining districts equally. [Under the provisions of Chapter 446, Volume 13, and Chapter 55, Volume 15, the Trustee of the School Fund is directed to pay over the dividends accruing from the distribution of the School Fund belonging to Dis- tricts Nos. 3 and 19 to the Board of Public Education of the City of 32 Laws Relating to Free Schools United districts Wilmingtoii. ] United districts shall be entided tp the several shares entitled to share «-^ -i dLtHctroTwhich ^^ ^^^ districts of which they are comi)osed. composed. R. c. Chap. 42, He shall keep an account with each district, and enter its portion to Sec. 2. ^ its credit. He shall, annually, deduct thirty dollars from the share of each #30 to be deduct- county, to pay for printing for the school convention for such county, ed from each ■' ex"eSes''of ^^'^''^ such payment to be made by him on the order of the president of such county conven- convcntion. If the said sum be not so drawn, it, or any balance of tion. it, shall be carried to the share of the county for the next year. ARTICLE XIV. DRAFTS ON THE SCHOOL FUND. R. c. Chap. 42, Whenever the school voters in any school district shall, by subscrip- Sec. 16. _ Orders on School tion, OF tax, Taisc in any year twenty-five dollars, the school committee Fund, how made may draw an order on the Trustee of the School Fund for such dis- Vouchers paid trict's share of the proceeds thereof. Such order, accompanied by a by the Trustee of School Fund, certificate that the committee has actually received that amount, shall be accepted and paid by the said trustee to the extent of any sum that may stand to the credit of the district when the order is presented ; and any money that shall be placed to its credit during that year of the account, shall be applicable to the balance. R. c. Chap. 42, The year of accounts with school districts shall commence on the Sec. 17. Commencement fifst day of August ; and at the end of every such year the accounts of school year. of all the districts shall be closed. An order drawn on the faith of money raised in one year, shall not be paid out of sums credited to the district in any other year ; but any money remaining to the credit Arrears, how of a district at the end of the year, may be drawn by the committee drawn. on their order and certificate that the said district has raised and paid to them a sum equal to what would have been necessary to draw the same in the year when it was credited to the district ; and if it be not Forfeiture of SO drawn withiu three years, it shall be forfeited, and shall be carried of fund. to the county's pordon of the school fund, divisible among all the districts thereof, the next year. R. c. Chap. 42, The Trustee of the School Fund shall certify the date of each order, Sec. 17. and the sum paid thereon, and the amount stated in the certificate to In the State of Delaware. 33 have been raised in the district, to the Auditor of Accounts, who shall 1 rustee shall certify payments charge the committee with that amount on settlement. '° ^"^^'^o"". If any person shall make a fraudulent certificate for the purpose of k. c. chap. 42. Sec 18 drawing money from the Trustee of the Fund aforesaid, he shall be Penalty for deemed guilty of a misdemeanor, and fined double the amount of such moiTeyb J'' fraud- ulent certificate. Certificate. ARTICLE XV. SETTLEMENT OF SCHOOL COMMITTEES WITH THE AUDITOR. The Auditor shall settle the accounts of the school committees who r. c. chap. 42, have drawn money as aforesaid. For this purpose every such commit- settlement of tee shall, under penally of forfeiting to the district twenty five dollars with^AudTt^r."^^ for neglect, appear with their accounts and vouchers before him, when when made. he shall attend in their county to settle the account of the County mitt'e? by '^°"' Auditor. Treasurer and others, whereof he shall give notice. He may compel Penalty for neg- lect by com- them, by attachment, to appear and settle. mittee. The settlement shall show how long a school was kept in the district, what settlement must show. the compensation of the teacher, and the number of scholars, the sum raised, and whether by tax or voluntary contribution ; the sum drawn, and the sum expended ; all of which shall be stated in the Auditor's Auditor's report, what to state. report to the General Assembly. For the purpose of information with respect to the state of the r. c. chap. 42, Sec. 19. schools, the Auditor shall prescribe forms of returns of school com- tonus to be fur- nished to school mittees, containing such questions as he shall propound, for collecting ^^ommittee by the statistics of all the free schools in the State. He may require Returns of com- mittee must cor- returns according to such forms, fully answering the questions pro- respond with forms. pounded, so far as within the power of the school committees. He may refuse to settle the account of the school committee until the Failure to settle according to such proper return be made ; and if, in consequence, setdement of any forms, penalty, account shall not be made during his attendance for that purpose, the school committee shall incur the forfeiture by this article provided; and there shall be the same liabilities and consequences as if they had failed to appear. If the committee fail to appear and settle with the Auditor, or if, on Default of com- mittees. .such settlement it appear that they have misapplied, or do not account 5 34 Laws Relating to Free Schools knotn faas";o''' ^^^ ^^^ moiiey received by them, or with which they are chargeable, L^ted"meeting° the Auditor shall make known the facts by letter, addressed to the chairman and secretary of the last stated meeting. ARTICLE XVL SOURCES OF THE SCHOOL FUND. R. c. Chap. 40, All money appropriated to, or invested for, " the fund for establish- p. 197-8. School Fund. ing schools in the State of Delaware," shall belong to "the school fund of the State of Delaware." Trustee. The State Treasurer for the time being shall be Trustee of this fund, Powers. with powcr to receive, sue for, and recover any money, or property bequeathed, given, or belonging to said fund; to vote as holder of any stocks belonging to said fund ; to lease any real estate devised, given, or belonging thereto, for terms not exceeding three years, and to distrain for and collect the rents thereon accruing, and to improve and manage such estate, as may be proper. Donations, ap- The public faith is solemnly pledged for the faithful appropriation plication of. of all bequests, or gifts, to said fund, towards the establishment and support of schools for instruction in reading and writing, arithmetic, grammar, and such other branches of knowledge as belong to a good English education. No part of said fund shall be applied to any academy, college, or university. Settlements to be The Trustee of the School Fund shall, annually, upon settling his published. account with a committee of the legislature, publish the particulars of Patrons' names, such Settlement, and shall mention the name of any person who has made a gift, or bequest, to said fund, with the amount, or value thereof. R. c. Chap. 40, The proceeds of marriage and tavern licenses ; one-fourth of all the Sec. 4. Sec. 20, Q}ax9x.^r money arising from the licenses for auctioneering ; foreign life insur- Sources of reve- ance agcncy ; foreign fire insurance agency ; vending of goods, wares, and merchandise by samples ; keeping or traveling jacks or stallions : keeping eating-houses ; taking photographs ; acting as brokers ; real estate agency; exhibiting circuses j practising jugglery ; selling vinous, spiritous, or malt liquors ; and also one-fourth of the money arising from fees on commissions issued to Prothonotaries , Clerks of the Peace, Registers of Wills, Recorders of Deeds, Clerks of the Orphans' In the State of Delaware. 35 Court, and Sheriffs ; and all other money or property given, appro- priated, or belonging to said fund, are appropriated and dedicated to the purpose of ])ublic education in the State of Delaware : provided. Proviso that in case of a deficiency of the State funds, it shall be lawful for the State Treasurer to apply any part of the proceeds of marriage and tavern licenses to the payment of the salaries of the judiciary, and to deduct the same from the gross amount of the revenue for distribution among the school districts. The following are the present investments and subjects of general investments, appropriation belonging to the school fund, viz : 1. 5,000 shares of the increased stock of the Farmers' Bank, on which $36 per share have been paid ; 2. $156,750 invested in a bond of the State of Delaware to the School Fund of said State, under Chapter 324, Volume 16; which includes the proceeds of the sale of the certificates of loan to the Philadelphia, Wilmington and Baltimore Railroad Company, and the sum of $25,000 invested in stock of the New Castle and Wilmington Railroad Company, which has been paid. 3. Loan of $5,000 to the County of Sussex; 4. 2,439 shares of Farmers' Bank stock, at $50 per share, held thus — 1,904 at Dover, 295 at New Castle, 240 at Georgetown ; 5. 37 shares of the stock of the Bank of Delaware; 6. 114 shares of the stock of the Bank of Smyrna ; 7. 127 shares of the Union Bank stock ; 8. 65 shares of stock in the United States Bank of Pennsylvania; 9. Fees on marriage and tavern licenses; one-fourth of all ^>^^ Appropriations. money arising from licenses for auctioneering ; foreign life insurance scc. 20. Chapter 117, Vol. 13. agency ; foreign fire insurance agency ; vending of goods, wares, and merchandise, by samples ; keeping or traveliiig jacks or stallions ; keeping eating-houses ; taking photographs ; acting as brokers ; real estate agency ; exhibiting circuses ; practising jugglery ; selling vinous, spiritous, or malt liquors ; and als>o one fourth of the money arising from fees on commissions issued to Prothonotaries , Clerks of the Peace, Registers of Wills, Recorders of Deeds, Clerks of the Orphans' Court, and Sheriffs. LAWS RELATING TO SCHOOLS FOR COLORED PERSONS. The Levy Courts in the several counties of this State are authorized section i,ch. 48, and required, annually, in the month of April, to lay and apportion ach. 3^, Voi. 15. tax of thirty cents in the hundred dollars, and so pro rata, upon the t^r?ok)re?plr- assessments of the real and personal property and poll of colored ofThJiJ ow^rf""^' schools. persons, as they shall stand upon the assessment lists of the several Tax rate. hundreds, which shall be set apart as a separate and distinct fund for Separate fund. the support and maintenance of colored schools in this State. The warrant required to be issued to the collectors of the several hundreds shall include the taxes levied under this act. The said taxes shall be How collected. collected by the collectors aforesaid, by the same process as other taxes now are, and [they shall] pay over the same as hereinafter directed. All moneys collected under this act shall be paid as other taxes to chap. 373, Voi. the County Treasurer in each county, which he shall keep as a separate Money collected for colored fund, and which shall be paid by him to the Treasurer of the ' ' Delaware schools to be *■ •' paid to County Association for the Education of Colored People;" and at the time ^''^^^"''^''" of each and every payment he shall furnish the association with a statement, showing the respective amounts received by him from the different hundreds of his county. The fund arising under the pro- Distribution of money, by visions of this act and paid to said association, shall be applied to the whom. support and maintenance of colored schools throughout this State, and shall be distributed by said association as follows, to wit : The said association shall take the statement furnished by the County Treasurer conditions. and distribute to each hundred the amount paid to the Treasurer by each hundred, under the provisions of Section ist of Chapter 48, Vol. 15. And in case there shall not be any school kept and main- tained in any hundred during any year, the amount paid in from said hundred shall be retained and held by said association until a school or schools shall be organized and kept in each hundred, when it shall be applied toward the support of such school or schools. 3^ Laws Relating to F'ree Schools Treasurer of the The treasurer of said association shall give bond to the State of Delaware Asso- eifucadon'^of ^he Delaware for the penal sum of two thousand dollars, conditioned for g°ve'^boild.°^ ^ *° the faithful application of the moneys received under this act. Bond of county The official bond of the County Treasurer and county collectors to treasurer and UaWe^ collectors ^^ch county shall be liable for the moneys collected and received under this act. Rate of commis- The County Treasurer and collectors to each county shall be entitled sions. to the same per cent, for the collection and application of the moneys collected and accounted for, under this act, as they are for the collec- tion and application of county taxes. ch. 362, Vol. 16. The sum of two thousand four hundred dollars is appropriated, money^fof °" ° annually, from the State Treasury, to be expended for the purpore of colored schools. educating the colored children of this State. The money so appro- To whom paid, priated shall be paid by the State Treasurer to the Treasurer of the "Delaware Association for the Education of the Colored People," on or before the first day of October of each and every year, begin- ning with the year one thousand eight hundred and eighty-one. Bond of the The Said treasurer of the Delaware Association shall give bond to Treasurer of the Deiavare Asso- t^g State of Delaware, in the penal sum of five thousand dollars, con- ciation. *^ ditioned for the faithful application of all moneys received hereunder, By whom said bond to be approved by the Secretary of State and recorded in approved. Report. his officc. Said treasurer shall make an annual report of all the receipts and expenditures under this act to the State Auditor in October of each year. Distribution of The Said Delaware Association shall distribute said sum of money priated. among the colored schools of the State : provided that no school shall be entitled to receive its pro rata share unless said association is reliably informed that it has remained open for at least three months during Ch. 373, Vol. 16. the school year, with an average attendance of at least fifteen scholars; Ch. 362, Vol. 16. and provided further, that the said sum of two thousand four hundred dollars shall be divided into three equal parts of eight hundred dollars each, one of said parts to be expended in New Castle County, one in Ch. 373, Vol. 16. Kent County, and one in Sussex County, to be apportioned to and among the several schools in each county equally. In the State of Delaware. 39 AN ACT to exempt certain persons from the operation of Chapter 48 of Volume Ch. 359, Vol. 16. 15 of the Laws of Delaware, and to enable them to establish schools for their children in Sussex County. Section i . Be it enacted by the Senate and House of Representa- tives of the State of Delaivare in General Assembly met, (two-thirds of each branch of the Legislature concurring) : That Whittington Names of per- sons exempt from Johnson, William A. Johnson, Samuel B. Norwood, George L. Nor- g^^'^^ "J^er wood, Robert W. Norwood, Elisha Wright, Beturn Wright, Selema Bdawlre"*" Wright, Nicholas Wright, James H. Kimmey, Robert Clark, Thomas H. Clark. Myers B. Clark, Isaac Harmon, John Harmon, James H. Clark, William R. Clark, Ann Johnson, Robert B. Johnson, John Thompson, Theodore Harmon, Stephen M. Norwood, John Harmon, Mitchell Harmon, Gardiner Drain, David P. Street, David R. Street, David Wright, George W. Clark, Elias C. Clark, William Clark, all of whom are residents of Indian River Hundred, and Sussex County, of this State, are hereby and shall be hereafter exempted and relieved from the operation and burdens of Chapter 48 of Volume 15 of the Ivaws of Delaware, entitled "An act to tax colored persons for the support of their own schools," and the said Chapter 48 of Volume 15 of the Laws of 'Delaware shall in no manner apply to them. Section 2. Be it further enacted, That the parties named in the Name of cor- poration, first section, and their successors, are hereby incorporated and consti- tuted a body politic under the name of " The Indian River School Districts for a certaiti class of Colored Persons," and in such name may, among other things, have a corporate seal, take and hold ground Seal. for two school houses, and the appurtenances and furniture, and for Corporate powers. such purposes may take and hold, by devisej bequest, or donations, real and personal estate, not exceeding in clear annual income five hundred dollars, for the use of the schools in .said districts, and may alien the same ; may take bond from their collector ; may prosecute actions upon it, and any action for injury done to any property of the district, in which action they shall recover double damages and costs ; and also any action for a forfeiture or penalty due to the district. Any of the said actions may be brought before a Justice of the Peace, if 40 Laws Relating to Free Schools the sum demanded do not exceed one hundred dollars, and he shall proceed as in other demands of a like amount. The said district shall not possess any corporate powers or franchises other than those hereby expressly given it, Mode of acquir- SECTION 3. Be it further efiacted, That any one may hereafter be rship. ing membersh Proviso. Division of corporation. Names of districts. Record of districts. Time of meeting. Voting. School committees. Amount of money raised. made a member of this corporation by a two-thirds vote of those present at any stated meeting thereof, upon his posting, thirty days before said stated meeting, written notice of his application for mem- bership on the front door of each school house : provided that no one shall be a member of this corporation who does not belong to the class of colored persons to which those mentioned in section one belong, is not above the age of twenty-one years, a citizen of this State, and a resident of said Indian River Hundred. Section 4. Be it further enacted. That the said corporation shall be divided into two sub-districts, called respectively "■ Warwick Dis- trict" and " Holly ville District." The limits of said sub-districts shall be defined by five members of the corporation, to be selected by ballot at the first meeting of the corporation. They shall make report of their proceedings to the corporation, and the same shall be recorded in its records; but said limits may, in like manner, be at any time changed ; the five members only to be appointed at a stated annual meeting. Section 5 . Be it further enacted, That the persons named in section one of this act shall meet on the first Saturday of April next, at two o'clock in the afternoon, at some place to be selected by a majority, and shall proceed, after selecting a chairman and secretary, to elect, by ballot, two school committees, one for each of said sub- districts. Such school committees shall consist of a clerk and two commissioners, and shall be elected for the term of three years. They shall also resolve, by a majority vote, what sum shall be raised for the purpose of purchasing a lot of ground and erecting thereon a school house in each of said sub-districts, provided said sum shall not exceed the sum of four hundred dollars ; and shall also resolve, by a like vote, what sum shall be raised for the purpose of supporting the said two schools for the ensuing year, provided said sum shall not exceed the sum of two hundred dollars. In the State of Delaware. 41 Section 6. Be it further enacted, That the members of said cor- stated meeting, poration shall have a stated meeting every year, on the first Saturday of April, at two o'clock in the afternoon. Such meeting shall be held at the Warwick school house, and Holly ville school house, in the piace of meeting, alternate years, and shall be kept open at least one hour. Every member who has paid his school tax for the preceding year shall have a Qualification of voters. right to vote. One-third of the members of the corporation shall constitute a quorum, and may proceed to business. They may appoint Quomm. a secretary and chairman, and shall resolve, by a majority vote, what Officers, sum shall be raised for the support of said two schools, provided that Amount of money to be said sum shall not exceed, in any one year, the sum of two hundred '^^''^ed- dollars in the aggregate. They shall also elect a school committee, as aforesaid, for the term of three years, whenever the terms have expired ; and shall have the power to fill any vacancies by electing some one to Vacancies. serve for the residue of the term. They shall also, at said stated meeting, elect, by ballot, five members who shall then and there pro- ceed to apportion to each member of the corporation his or her share Apportionment or portion of the sum to be raised during the ensuing year for school purposes as aforesaid, and shall make report of the same to the said meeting. Any member of the corporation who is dissatisfied with the report may appeal to the meeting, stating his grounds, and the matter Appeal, .shall be then and there decided by a majority vote. When said report has been adopted by a majority vote, it shall be final and conclusive upon all parties. They shall also, at said meeting, elect a collector, to Collector. whom they shall give a proper warrant to collect the sum aforesaid from the parties upon whom it is assessed, and who shall give bond in Bond, the penal sum of four hundred dollars for the proper performance of his duties. His oath shall be proof of a demand, and if a member Proof of demand does not pay the amount apportioned to him for ten days after the demand, the collector may bring suit therefor before a justice of the Suit for taxes, peace. The collector for the past year shall, at said stated meeting, render an account thereto, which shall be at once examined by a com- mittee of three, to be appointed by the chairman. Section 7. Be it further enacted. That the school committee of each sub-district shall select the teachers for their respective schools. Teachers, but the stated annual meeting shall determine how many months the School year, school shall be open, and how much money shall be apportioned to 6 42 Laws Relating to Free Schools. Apportionment each sub-distoct from the aggregate sum to be raised for the year. Who may attend Each school shall bc opeii to all the children between the aeres of seven the schools. , ^ and twenty-one of those members who have duly paid to the collector of the preceding year the sum with which they were charged. Withdrawal from SECTION 8. jBe it further enacted, That any member who has paid membership. all the sums with which he is charged, as aforesaid, may withdraw from membership in said corporation by giving notice, at the annual stated meeting, of his intention so to do : provided, however, that he shall immediately thereupon become again liable to the provisions of the said Chapter 48 of Volume 15 of the Laws of Delaware. Passed at Dover, March 10, 1881. Ch. 371, Vol. 16. A SUPPLEMENT to the act entitled "An act to exempt certain persons from the operation of Chapter 48 of Volume 15 of the Laws of Delaware, and to enable them to establish schools for their children in Sussex County." Section i . Be it enacted by the Senate and House of Representa- tives of the State of Delaware in General Assembly met : That the Colored schools colored schools which are organized and incorporated under and by of Sussex county to receive a/r^ virtuc of the act entitled "An act to exempt certain persons from the rata share of ^ ^ a"tedfo?K"" operation of Chapter 48 of Volume 15 of the Laws of Delaware, and purpose. ^^ enable them to establish schools for their children in Sussex County," passed at this present session of the General Assembly, shall be entitled to and shall receive from the ' ' Delaware Association for the Education of the Colored People," 2. pro rata share of the sum of money author- ized to be distributed among the colored schools of Sussex County, under and by virtue of the act entitled "An act to encourage the education of colored people," and of the supplement thereto, passed at this present session of the General Assembly : provided that the said schools shall not be entitled to receive their pro rata share of said sum unless said association is reliably informed that the said schools have remained open for at least three months during the school year, with an average attendance of twenty scholars, and have raised by taxation, under the law to which this is a supplement, at least the sum of twenty-five dollars for each of said schools during the preceding year : provided, however, that these provisions shall not take effect until the year of our Lord one thousand eight hundred and eighty-two. Passed at Dover, April 8, 1881. Proviso. When to take eflfect. APPENDIX. FORMATION OF ADDITIONAL DISTRICTS. a„.iv, ...... Ch. 442, Vol. II. FORM OF PETITION. To the Levy Court of County, at its .... Session for . , . . 18 . . : Petition to lay out an additional The undersigned, being owners or holders of real estate in School District No. district. . . , (or in School Districts Nos. . . . ,)"in Kent County, respectfully represent, that an additional district may be formed from the district ^or districts) aforesaid. [ The reason why the new district is desired may here be inserted. 1 Your petitioners therefore pray the Court to appoint three judicious and impar- tial persons residing in said county, and without the limits of the said district (or districts) to go to the said district (or districts) and inquire concerning the propriety of laying out an additional district therefrom according to the provisions of the law in such case made and provided. And they will ever pray, &c. ( Signed here by petitioners. ) (Date.) Although nothing is said in the act providing for the formation of Notice of pre- sentation of an additional district in regard to giving notice of any proceedings p^^'^'o"- prcHminary to the application for that purpose to the Levy Court, yet it would seem eminently proper and necessary that due notice thereof should be given, stating the time when the petition would be pre- sented to the Levy Court, the alterations proposed to be made, and the reasons therefor. Possibly such notice may be required by implication of law arising from construction of the third paragraph of Article IV, the Legislature considering the language and spirit of that article applicable to the alteration in districts resulting from the formation of an additional district. The public convenience and the interest of the schools very evidently require that the Court should have authority to exercise dis- cretionary power in the appointment of commissioners for laying out such districts. It is also suggested, whether due notice should not be given, stating ^J^^jJ^^^f^'^^J.^- the time wheq the commissioners will go to the district or districts to ne°w^d?strict.^ °"' 44 Laws Relating to Free Schools inquire concerning the propriety of laying out the additional district, and the place where they will meet to make the inquiry, in order that they may be fully and fairly informed upon the subject. Much injury is doubtless liable frequently to arise to schools from the facility with which new districts may be formed, and the impracticability of rep- resenting to the commissioners the sentiments of the whole district without such- notice. There are other, and often more important matters of consideration, in laying out additional districts, and the consequent division of original ones, than the mere number of scholars left in the one or found in the other, which should guide both the court and the commissioners in their decisions in such cases. Notice of first stated meeting. Form. Alterations of districts. The persons appointed by the Levy Court to inquire concerning the propriety of laying out the additional district must give notice, in writing, ten days before holding the first regular stated meeting of school voters in the district to be created, of the time and place for holding such meeting, which notice must be posted in five of the most public places in the district. The form of notice of yearly meetings, with the word " additional" inserted before the word " school," in the second line, and signed by the persons required to give the notice, will be proper in this case. The law referred to (act March 3, 1857,) and the foregoing petition and notice, apply to the forming of additional or new districts. Should other alterations be desired, the manner of proceeding therein, is to make application (by petition) to the Levy Court, which, with the con- currence of two- thirds of all the members, may make such alterations. In this case notice of the intended application, stating time when it will be made, and the alterations desired, must be given by advertise- ments, posted in four or more public places in each district to be affected by the change, twenty days before the application is made. The following form of notice may be observed in such cases, to wit : SCHOOL VOTERS. Notice of appli- Notice is hereby given that an appliaation will be made to the Levy Court of Strict ° ^^^^^ ■ ' • County, on . . . the . . . day of . . . 18 . . , during its ensuing . . . session, for \^kere insert the desired alterations .'\ Dated the . . . day of . . . 18 . . . {Signed by the persons desiring the alterations. ) In the State of Delaware. 45 YEARLY OR STATED MEETING. The yearly, or stated meeting of the school voters in each district is Article VI. to be held on the first Saturday in April, at two o'clock in the after- noon, at the school house of the district ; or if there be no school house, at the place appointed by the Levy Court, until there shall be a school house. The meeting shall be kept open at least one hour.* The clerk of the school district, or if there be no clerk, the com- ^ Article IX, p. 23. missioners, or one of them, are required to give notice of this meeting by advertisements, under hand, of the day, hour and place, posted in five or more of the most public places of the district at least five days before the day of meeting. FORM OF ADVERTISEMENT FOR YEARLY MEETING. SCHOOL VOTERS. Notice is hereby given that a stated meeting of the school voters in School District No. . . , [or United School Districts Nos. . . ] in . . . County, will be Advertisement held on Saturday, the . . . day of . . . next [or instant, as the case may be,"] at jng two o'clock, afternoon, at . .in said district. Dated the . . day of . . 18 . . A B , Clerk. When there is no clerk, the commissioners, or one of them, signs, thus: E J? \ ] Com rs. The acts of the meeting are not void although no notice be given ; but the clerk or commissioner neglecting to give notice forfeits ten dollars. Article ix, p. 22. OCCASIONAL MEETINGS. Occasional meetings of the school voters in a district may be called by the clerk and commissioners, or any two of them. The call is by advertisements, under hand, of the business, and day, hour, and place. Article vii. posted in five or more of the most public places of the district at least five days before the day of meeting. The business must be specified in the advertisements, and business not specified cannot be transacted. It must be at the place where the stated meetings are held. A vacancy in the school committee may be filled at an occasional meeting ; in that case, in place of the words *' to consider and deter- mine," &c., in the annexed form, use the words: ^^To elect a ^/ , removed, \or refusing to serve, or deceased, as the case may be.] Resohied — [^setting dozvn any proceedings of the meeting, observing that no business can be transacted not mentioned in the advertisements.] A B , Chairman. Attest : C D , Secretary. ASSESSMENT AND COLLECTION OF TAX. With respect to the assessment, the directions of the law are so plain, Article xi. that nothing need be added. All that is requisite, is to read and follow the directions in respect to making the list, giving notice, and hearing objections, and preserving the list. If the line between districts crosses a farm or property held together. Article xi. the whole is to be assessed in the district where the dwelling house is ; provided that any tenant residing on such lands, in an adjoining district, shall, at his election, communicated in writing to the school committee of such adjoining district, at any time prior to the complet- ing of the assessment list, be only assessed, and have school privileges, in the district in which such tenant resides. The committee of any district shall issue to the collector of the Article xii. same, or to the collector of the hundred in which such district is situ- ated, a warrant, with a duplicate of the uncollected assessment list, for collecting the tax, who is required to receive the same and pay over to the committee the amount due the district within thirty days, p^ge 30. According to Section 13 of Chapter 42, Revised Code, the com- mittee is required to issue to the collector of the district, or to the 7 49 50 Laws Relating to Free Schools collector of any hundred in which such district, or any part thereof, is situate, a warrant, with a duplicate of the assessment, or any part thereof, annexed, for collecting said rate. This provision is omitted in Section 2 of Chapter 354, Volume 16, but does not appear to have been repealed by said Chapter 354, and is mentioned here for the information of school committees. How tax may be From the forcgoing it appears that if the district is composed of collected when district, or pro- parts of scvcral hundreds, a warrant may be directed to the collector perty taxed, is in -^ several hundreds of gach hundred, with a duplicate of that part of the list that is within his hundred. If a person is taxed in several hundreds, the whole tax may be on the duplicate annexed to either warrant, or the proper part divided to each. Article XII. P'ORM OF WARRANT TO A COLLECTOR OF A HUNDRED. .... County, School District No. . . , ss. The State of Delaware : To the Collector of . . . Hundred : Form of warrant We Command you to collect from the respective persons named in the annexed to collector. duplicate the rate of . . . .on every hundred dollars of the amount with which they respectively stand assessed according to said duplicate, and the like rate on every less sum ; and if either of said persons shall not, in ten days after demand, pay the sum which you are required to collect of him or her, you are authorized to proceed in the manner and u.se all the means provided by law for the collection of county rates. Given under the hands and seals of the subscribers, members of the school committee of the district aforesaid, the ... . day of . . . . 18 . . . A B , [L. s.] C D , [L. s.] E F- , [L. s.] Any two of the school committee will be sufficient, although it is always best for all to join. DRAFTS ON THE SCHOOL FUND. Article XIV. FORM OF CERTIFICATE OF MONEY RECEIVED, IN ORDER TO OBTAIN DIVIDEND. We, the subscribers, members of the school committee of School District No. . . , in . . . . County, certify, that we have received, for the benefit of said Article VI, p. 19. district, the sum of . . ,* raised [^by tax, or subscription, as the cast may be.'] Witness our hands the . . . day of . . . 18 . . E - E- G H- 7 — K- [ Two will be sufficient. ] . i '. ^ Art. XII p. ^o. *The collector is required to pay to the committee the sum he is required to collect, deducting delinquencies and fees, within thirty days after receiving his warrant. In the State of Delaware. 51 ORDER ON TRUSTEE FOR DIVIDEND. Article XIV. 71? the Trustee of the School Fund for Establishing Schools in the State of Delaware : Sir : Pay to the order of . . . . , for the benefit of School District No . . . in ... . County, the sum standing to the credit of said district under the laws concerning free schools. Given under our hands as members of the school committee of said district the . . . . day of . . . . , 18 . . E E . G N . (7hao of the committee will be sufficient.) y A'- . i The committee, or two of them, having made and signed certificate and order in the forms above given, are to go to the Clerk of the Peace in their respective counties, and ask for a copy ot the certificate of the proceedings of the last annual stated meeting of their district ; and having received it, take it, with their own certificate and order afore- said, to the Farmers' Bank, where the school dividends for the county are made payable. Then, on delivery of these to the bank, the divi- dends for their districts will be paid them at any time after public notice has been given by the Trustee of the School Fund that said dividends are payable, which he does once every year. MEETINGS CALLED BY CLERK OF PEACE. .Article VI, p. 20. FORM OF APPLICATION TO THE CLERK OF THE PEACE TO ADVERTISE A MEETING. To the Clerk of the Peace for .... County : The subscribers, school voters of School District No , in said county, request you to give notice according to law of the stated meeting of the school voters of said district on the first Saturday in April, 18 . . ; there being no clerk or commissioner of said school district to give this notice. Witness our hands the , . . . day of . . . . , 18 . . . This application must be signed by at least five school voters of the district. The clerk may observe the foregoing form of advertisement of yearly meeting, concluding with the words : Given under my hand upon the application of five school voters of said district, (there being no clerk or commissioner to give this notice) the . . . day of . . . 18. . . , Clerk of the Peace of . . . . County. This advertisement must be posted, as required for other stated meetings, in five or more public places in the district. 52 Laws Relating to Free Schools. OATH OR AFFIRMATION. Article VI. p. 20. Each member of the committee must be sworn or affirmed to per- form his duty with fidelity. The oath or affirmation may be administered by a justice of the peace, or any other officer having general power to administer oaths.. FORM OF CERTIFICATE OF OATH OR AFFIRMATION OF CLERK OR COMMISSIONER. .... County, ss. Be it remembered, that on this .... day of ... . 18 . . . , A B , Clerk, \or commissioner^ elect of School District No . . . , in . . . County, personally appeared before the subscriber, a Justice of the Peace in and for said county, and was duly sworn \_or affirined^ to perform his duty of clerk \or com?nissioner,'] of said district with fidelity. In testimony whereof, I have hereunto set my hand the day and year aforesaid. C D , Justice of the Peace. Under the law as it now exists, there will generally be but one member each year to be qualified as above; yet as vacancies in the committee may occur otherwise than by the regular expiration of the term, two or more members may be elected at the same time. Some of these may desire to be affirmed, others be willing to be sworn. In such cases the following form of certificate may be conveniently used, varying it to suit the particular case. . . . County, ss. Be it remembered that on this . . . day of . . . 18 . . , personally appeared before the subscriber, a Justice of the Peace in and for . . . County, A B , Clerk elect, and C D, Commissioner elect of School District Number . . . , in the county aforesaid, and the said A B , Clerk elect, was duly affirmed, and the said C D , Com- missioner elect, was duly sworn, each respectively, to perform his duty as member of the committee of the district aforesaid with fidelity. In testimony whereof, I have hereunto set my hand the day and year aforesaid. C D , Justice of the Peace. The certificate should be filed by the clerk, and a copy thereof re- corded with the minutes of the first meeting of the school committee held next after the annual or stated meeting of the school voters. SECRETARY'S OFFICE, Dover, January 6th, 1882. In obedience to Section 10, Chapter 369, Volume 16, Laws of Delaware, I have codified and caused to be published all the laws of the State of Delaware relating to Free Schools of a general nature. Not deeming it within the scope of the authority vested by said section to publish in full all the laws of a special or local character relating to schools, I have, nevertheless, for the sake of conveni- ence, given reference thereto. In the preparation of this digest of the school laws, I have strictly adhered to the language of the text so far as it was consistent with the sense. On account of the numerous supplements and amendments, which have, from time to time, been made, I have been compelled, in order to preserve the connection as well as the sense, to omit some phrases and sentences and to supply others, to which attention is called by the use of brackets and asterisks. In order to aid persons desiring to consult the original text of the school laws, I have made copious references, on the margin, to the Revised Code, or to the volume of the laws qf the State, where they may be found. In order to facilitate the transaction of the business of the districts, I have appended various forms and instructions, with a general index to the laws and forms, referring both to the article and the page. JAMES L. WOLCOTT, Secretary of State. INDEX. Note. The figures in the Index refer to the page and the Roman numerals to the article. A ART. PAGE ACCOUNTS— Publication of ix 22 Exhibition of, by committee . . ix 22 ACCOUNTS, AUDITOR OF— Not to settle with school districts or commissioners, &c., until certificate as as to forms and blanks have been filed with . iii 7 United districts, how to settle with v 15 (See School Fund and Drafts on.) Settlement of accounts of School committee by xv t,;^ When made xv 33 Notice to committee by ... . xv 33 Penalty for neglect by committee xv ^:^ What settlement must show . . xv 33 His report, what it shall state . . xv t,^ Forms to be furnished to school committee by xv t,2, Returns of committee must corres- pond with forms xv 33 Failure to settle according to such forms, penalty xv 2t2) Default of committees xv 33 To make known facts of default of committees to chairman of stated meeting xv 34 (See Schools for Colored Persons.) ADJOURNMENT— Of stated meetings vi 19 Of certain freeholders from time to time iv 11 ADMINISTRATORS— Of collector, power of xii 29 Oath of, to be evidence of de- mand xii 29 ART. PAGE APPEAL— In cases of refusal of teachers' certificates i 4 (See Assessments.) Right of, of taxables xii 29 ASSESSMENTS— By whom made ix 24 How made ix 24 Contents . . ix 24 Polls ix 24 Chattels ix 24 Rental value of lands .... ix 24 Personal property liable .... ix 24 Shall be assessed only where ac- tually located ix 24 Duties of school committees rela- tive thereto ix 24 Property to be viewed personally ix 24 Proviso ix 24 List of names of persons assessed ix 25 When line between two districts crosses any person, where as- sessed — proviso IX 25 Amount of tax to be levied with- out regard to vote thereon . . ix 25 Copy of list, where posted . . . ix 25 Notice of it i'^ 25 Notice of time and place of ap- peal ix 25 Corrections of list ix 25 When conclusive ^- ix 25 Proceedings of committee, when questioned ix 26 Committee to annually revise the assessment of rental values . . ix 26 Non-residents to be notified by clerk of the time and place of appeal jx 26 Contents of such notice .... ix 26 56 Index. ART. PAGE ASSESSMENTS— For distncts which can rai.se in excess of amount required by. law ii 26 Directions, relative to 49 ATTACHMENT— Power of collector to make . . xii 29 Right to sue persons failing to re- spond to notice of xii 29 Mode of such trial in xii 29 B BOOKS, SCHOOL— By whom purchased i 5 Payment for and distribution of . i 5 List of i 5 Superintendent and clerks of dis- tricts, (See Clerks.) i 5 CERTIFICATES— Withdrawal of i 3 Applicants for, qualifications . . i 4 Who shall be recommended for, first grade i 4 When to issue, how signed, how long good i 4 Second grade, who shall receive, how long good i 4 Third grade, who shall receive, how long good i 4 List of, by whom kept .... i 4 Refusal of, appeals, &c i 4 Presentation and filing of, as to the text books, with Auditor of Accounts iii 7 Signing of, for proceedings of stated meetings viii 20 Fine for failure to make, &c. . . viii 20 Form of, for stated meeting . . 48 Form of, for occasional meeting 49 Form of, for receipt of money . 50 Form of, for oath or affirmation . 52 (See Returns.') CHAIRMAN— Of stated meetings, the time and manner of the election of . . vi 18 ART. PAGE CHAIRMAN— Of occasional meetings . . . . vii 20 Of stated meetings, Auditor of Accounts to make known, de- fault of committee to . ... xvi 34 Duties, fine, vi 20 CLERK OF THE PEACE— Duty of, to certify to Trustee of School Fund numbers of school di.stricts iv 8 Duty of, in relation to return of commissioners to lay off new districts iv 9 When he shall give notice of stated meetings vi 20 Certificates of meetings to be de- livered to viii 20 Further duties 51 Form of application to, to adver- tise meeting 51 CLERK OF DISTRICT— (See Books, School.) (See Stated Meetings, Occasional Meetings, and Returns.) Notice of stated meetings to be given by, neglect ix 22 Want of notice not to invalidate acts of meeting ix 22 When there is no clerk, notice, how given, penalty ix 22 To keep record book of district ix 23 Shall keep papers belonging to the district ix 23 Distribution of books by ... . ix 23 Forwarding price of books to vSu- perintendent by ix 23 Responsible for their safe keeping ix 23 Remedy for default in . . . . ix 23 Report of ix 23 Delivery of books to successor . ix 23 Fine for failure to give notice of stated meeting vi 20 Election of, and term of office of vi 18 (See Appendix , page 46.) COLLECTORS— Tax duplicate to be given to . . xii 28 Must receive duplicate . . . . xii 28 Index. 57 ART. PAGE COLLECTORS— Powers of xii 28 Form of warrant xii 28 Penalty for refusal of, to accept warrant xii 29 Powers of executor or administra- tor of xii 29 Oath of, to be evidence of de- mand of taxes xii 29 No demand necessary of non-res- idents xii 29 I'owers of, to attach effects . . xii 29 Suit by, mode of trial, appeal . xii 29 Removal of taxable xii 29 Time when, shall pay over taxes xii 30 Delinquencies, deduction of . . xii 30 Commissions xii 30 Liability of xii 30 Penalty for neglect of, to pay, money collected xii 30 Suits against xii 30 Issue of duplicates to, with part of a district list 49 Porm of warrant to 49 COLORED PERSONS, SCHOOLS FOR— (See Schools for Colored Persons.) COMMITTEES, SCHOOL— Certain forms in relation to text books to be signed by . . . . iii 7 Shall apply to Levy Court for appointment of freeholders to locate school house iv 10 Notice of time and place of meet- ing to select site iv 10 Plot and description to be re- corded iv 10 When shall deposit damages in Farmers' Bank and operation thereof iv 1 1 Shall call out freeholders if they fail to meet committee ... iv 1 1 For united district, how and when chosen v 15 Power of committee to execute certain order v 16 8 COMMITTEES, SCHOOL- . ^"" '^'" Of adjoining districts shall have power to arrange school for small children Election of, and tilling of yacan cies in ( See Appendix, page 4b. ) Term of office Qualification of Duties and powers of ix 21 Shall determine site, lease or pur- chase ground and Iniild . . Removal of school house . . Repair of school house, fuel, &c for same Procuring school house . . . Employment of teachers . . , (Qualifications of teachers . . Certificate of Superintendent nec- essary qualification of teachers ix Temporary permits ix May employ femaleteacher, when ix Dismissal of teachers ix Regulations for government of schools ix Expulsion of scholars, how pro- vided for ix To whom schools shall be free Uniform age of scholars . . . Funds of district, collection of Appointment of collectors . . Form of collector's bond . . Quorum, acts of, valid . . . Posting accounts required by Art. XV, neglect ; penalty .... ix Annual exhibition of accounts, and report of proceedings . . ix Appointment of persons to settle said account ix Payment of money to successors, neglect; penalty ix Allowance of committee . . . ix Shall give notice of stated meet- ings, when ; penalty . . . . ix Teachers shall quarterly report to x Salary of teachers withheld by, when X (See Assessments.) (See Taxes, Levy and Collection of .) IX 21 . ix 21 . ix 21 . ix 22 . ix 22 . ix 22 ix 22 58 Index. ART. PACiE COMMITTEES, SCHOOL— (See Collectors.) When money is due district from, it may be proceeded for . . . xii 30 ( See School Fund and Drafts on School Fund. ) (See Auditor of Accounts.) (See Districts.) (See Union of Districts.) (See Returns.) Form of order of, on Trustee for dividend 51 Manner of drawing dividends by 5 1 Explanation of duties relating to the assessment and collection of taxes To be sworn by justice of peace D DELAWARE COLLEGE— President of, ex* officio President of State Board of Education . iii DISTRICTS, SCHOOL— Limits of, to be recorded . . . iv Certificate of numbers of, by the Clerk of the Peace to Trustee of School Fund iv Power of Levy Court to make al- terations in iv Application, how made, notice, &c iv Additional, may be laid off . . iv Petition to Levy Court for ap- pointment of commissioners . iv Mode of proceeding iv Return of commissioner, filing of, &c iv Provisions of School Law appli- cable to additions iv Additional, entitled to proportion of School Fund iv Additional must have 35 scholars iv Return of commissioners in case of refusal to lay off additional iv Notice of first school meeting in additional, how given . . . iv Failure to give notice does not invalidate organization, proviso iv 49 52 ART. PAGE DISTRICTS, SCHOOL— Oath of commissioners to lay off additional iv 9 Compensation iv 9 Inhabitants of additional, to en- joy benefits of school in origi- nal, till next stated meeting . iv 10 Site for the erection of school house iv 10 How located iv 10 Assessment of damages therein . iv 10 On payment of damages land to become property of district . . iv 10 In case of minor or non-resident owner, damages shall be de- ]wsited, where iv 10 Operation of such deposit ... iv 10 On failure of freeholders to meet, duty of commissioners ... iv 11 Power of freeholders to adjourn iv 1 1 Decision, majority of freeholders iv 1 1 Fees of freeholders iv 11 Capacity and powers of school district iv 1 1 ( For the sub-division of districts and the formation of new ones, see Article 4, Pages 11 to 14.) (See Meetings, Stated, Occasion- al, and Returns.) (See Commissioners and Clerks.) (See Assessments.) (See Taxes, Levy and Collection of) (See Collectors.) When money is due to, from com- mittee it may be proceeded for xii 30 (See School Fund.) (See Drafts on School Fund.) Form of petition for additional . 43 Notice of presentation of petition 43 Notice of meeting of commission- ers to lay out new 43 Notice of first stated meeting of additional, form of notice . . 44 Alterations of 44 Form of notice of application for alteration of 44 Consolidation of, by Superinten- dent, in Sussex county .... i 5 Index. 59 ART. PAGE V 14 V 15 V 15 V 15 V 15 V 15 V 15 V 15 V 15 DISTRICTS, SCHOOL, UNION OF When and how two districts may unite V 14 When united, shall be one dis- trict . . -. Manner of uniting Notice Votes necessary to a union . . Appointment of committee to ar- range tenns of Report of committee, proviso . First meetings of united district Business of Powers of ^ . . . Nos. 23 and 75 in New Castle County, shall levy $1,000 tax annually VI5 When united, shall not affect ac- count of Trustee of the School Fund V 15 Dividends of vSchool Fund, how apportioned, paid, and applied v 15 Place of meeting v 15 Proposal to have several school houses in one district .... v 16 Powers of committees of adjoin- ing districts to make arrange- ments for school for small chil- dren v 16 [For districts which have been consolidated by act of Assetn- bly, see Article V,pp. 16-18.) (See Stated Meetings.) {^tG School Fund.) (See Drafts on School Fund.) DUPLICATE— Collectors, how issued .... 49 EDUCATION, STATE BOARD OF— (See State Board of Education.) EVIDENCE— Oath of certain persons to be, of demand of taxes xii 29 EXAMINATIONS— Of persons proposing to teach . i 3 Oral or written i 3 EXECUTOR— Of collector, power of . . . . xii Oath of, to be evidence of de- mand ART. PAGE 29 xn 29 F FORM OF— Petition to lay out an additional district Notice of application to alter dis- trict Advertisement for yearly meeting Advertisement for occasional meet- ing Certificate of yearly meeting . . Certificate of occasional meeting Warrant to collector of a hundred Certificate of money received in order to obtain dividend . . Order on Trustee for dividend . Of application to Clerk of the Peace to advertise a meeting . Of certificate of oath, &c FREEHOLDERS— Appointment of, to locate site of school house iv Duties iv Failure to meet, what done in case of iv Power to adjourn iv Decision of majority iv Fees iv Expenses, how borne iv FUND, SCHOOL— (See School Fund.) I INCORPORATED SCHOOL DIS- TRICTS— Exempt from provisions of law in relation to Superintendent, &c., exception iii INSTITUTE, TEACHERS— When and where held .... i Duties of teachers with respect to i 43 44 45 46 48 49 50 50 51 51 52 6o Index. ART. PAGE L LEVY COURT— Power of, to make alterations in districts iv 8 Notice of application, how given iv 8 Shall allow compensation for ser- vices of commissioners . . . iv 9 Shall appoint freeholders to lo- cate school house iv 10 ( See Schools for Colored Persons. ) Notice of persons appointed by, of first stated meeting in an ad- ditional district ...... 44 M MEETINGS, ADJOURNED— Proceedings and powers of . . vi 19 MEETINGS, OCCASIONAL— By whom and how called ... vii 20 Where held .vii 20 Quorum vii 20 What business may be transacted vii 20 Appointment of chairman and secretary of vii 20 Duties of secretary of vii 20 Penalty for fraudulent entries by secretary at vii 20 (See Returns.) (See Clerks.) Vacancy in committee may be filled at vi 20 Forms for advertisement of . . 45 Further matters relating to . . . 45 MEETINGS, STATED— Time and place of holding . . vi 18 Shall be kept open, how long, proviso vi 18 Qualification of voters .... vi 18 Illegal voting vi 18 Quorum of voters vi 18 Chairman and secretary, election of vi 18 Members of committee, election of vi 18 Resolution to raise money, sum . vi 19 Vote respecting tax, when and how taken, and how raised . vi 19 AKT. PAGE MEETINGS, STATED— When the sum shall be raised by subscription . vi 19 Amount which may be raised by taxation, proviso vi 19 Raising money for school house, limit vi 19 When only vote for tax can be taken vi 19 Additional tax, when and how raised vi 19 Collection of taxes ' vi 19 Adjournment, and proceedings of adjourneci^ meetings . . . . vi 19 Failure to hold, or to act at, not to lose power to proceed . . vi 20 Other meetings may be held . . vi 20 When notice of meeting shall be given by the Clerk of the Peace vi 20 Advertisements for, how posted vi 20 (See Returns, and Clerks.) Auditor of Accounts to make known default of committee to chairman of xv 34 Notice of first, for additional dis- trict, form of notice 44 Notice of, manner of 45 Form of advertisement for ... 45 Acts of, when notice is given, are not void 45 P'ine of clerk or commissioners failing to give notice of . . . 45 Order of business in 46 Form of application to Clerk of the Peace to advertise ... 51 Posting of advertisement ... 51 N NON-RESIDENTS— To be notified, by clerks .... xi 26 Demand on, for taxes not neces- sary xii 29 o OATH OR AFFIRMATION— Of clerks and commissioners . . vi 20 Who may administer 52 Certificate of 52 Index. 6i ART. PAGE P PERMITS, TEMPORARY— When granted ix 21 R RETURNS— Certificate of proceedings of meet- ings, how, when, to and by whom made viii 20 Penalty for neglect of viii 20 When proceedings shall be void viii 21 Who shall call another meeting, and how viii 21 Statement of business viii 21 Powers at such meeting .... viii 21 How regulated ... . . . . viii 21 (See Clerks.) s SALARIES— Of Superintendent i 4 (J)f Assistant Superintendent . . ii 6 SCHOOL FUND— How affected by union of districts v 15 How paid to united districts . . v 15 Sources of xiii 30 Distribution of xiii 31 Distribution of, among the coun- ties and districts thereof . . . xiii 31 Exception, as to Wilmington . xiii 31 United districts entitled to shares of the several districts . . . xiii 32 ^30 from each county deducted to pay for convention .... viii 32 (See Drafts on.) (See Auditor of Accounts.) Certain appropriations and invest- ments shall belong to . . . . xvi 34 Trustee of xvi 34 Powers of Trustee of xvi 34 Donations to, application of . . xvi 34 vSettlements to be published . . xvi 34 Patrons names xvi 34 Sources of revenue of . . . . xvi 34 Proviso xvi 35 Investments xvi 35 Appropriations to xvi 35 SCHOOL FUND— Form of order on Trustee of, for dividend Payment of dividend of ... . Drafts on xiv Orders on, how made . . . . xiv Vouchers paid by Trustee ... xiv Commencement of school year . xiv Arrears of, how drawn . . . . xiv Forfeiture of district's share of . xiv Trustee shall certify payments to Auditor of Accounts .... xiv Penalty for making fraudulent certificate xiv (See Auditor of Accounts.) SCHOOL HOUSE— Location of site of, plot, etc . . iv Proposal to have several, in united districts v Shall be as near centre of district as practicable ix When removed ix Repairs ix SCHOOLS FOR COLORED PER- SONS— Levy Courts to tax colored per- sons for support of their own schools Tax rate Separate fund How collected . . . . .^ . . . Money collected to be paid to County Treasurer Distribution of money, by whom, conditions Treasurer of Delaware Associa- tion for Education of Colored People to give bond .... Penal sum Conditions ; . . Bond of County Treasurer and County Collectors liable . . . Rate of commissions Appropriation of money for . . To whom paid Bond of the Treasurer of Dela- ware Association for Colored Persons 37 37 Vl VJ 37 37 38 38 38 38 38 38 38 3^ 62 Index. AKT. SCHOOLS FOR COLORED PER- SONS— Bond, by whom approved . . . Report Distribution of the money appro- priated Proviso (See Schools for persons exempted from operatiotis of Chap. ^8, Volume i^.) SCHOOLS P^OR PERSONS EX- EMPTED FROM OPERATION OF CHAP. 48, VOL. 15— Names of persons exempt from certain taxation for school pur- poses Name of corporation Seal Corporate powers Mode of acquiring membership, proviso Division of corporation .... Names of districts Record of districts Time of meeting Voting vSchool committees Amount of money raised . . . Stated meeting . . . ; . . . Place of meeting Qualification of voters ... Quorum . Officers Amount of money to be raised . Vacancies Apportionment of tax Appeal Collector ; bond of Proof of demand ... . , . Suit for taxes Teachers School year Apportionment of funds .... "Who may attend the schools . . Withdrawal from membership . To receive a pro rata share of money to be distributed among colored schools of Sussex Coun- ty ; proviso, when to take effect 38 38 I 38 39 39 39 39 40 40 40 40 40 40 40 40 41 41 41 41 41 41 41 41 41 41 I 41 ! 41 I 41 ! 41 i 42 42 42 42 ART. I SECRETARY— Of stated meetings, the time and manner of the election of . . vi (Jf occasional meeting . . . . vii Duties of, at occasional meetings vii Penalty for fraudulent entries in books vii SECRETARY OF STATE BOARD OF EDUCATION— Who shall be iii Duties of iii STATE BOARD OF EDUCATION— Appeals to i Composition of iii Meeting of iii Secretary of iii President of iii Powers and duties of iii — ^ Text books determined by . . iii Blanks issued by iii Preparation and distribution of forms by iii Members of, to receive no salaiy iii Quorum of, adjournment of . . iii SUPERINTENDENT— Appointment of i Qualification of i Term of office, vacancy .... i Duties of i Shall engage in no other business i Examination of persons for cer- tificate as teachers i Who shall be examined .... i Salary of, how paid i Report of, when to be made . . i Teachers' Institute to be held by, where and when i Re-districting and consolidation of districts by, in Sussex County i Proviso i School books purchased by and distribution of, by i List of school books rendered by i Bond of, condition, i Warrant of attorney i Record of books i Member of State Board of Edu- cation i 18 20 20 Index. 63 AKT. PAGE SUPERINTENDENT— Shall recover price of books, when ix 23 Report of teachers to be for- warded to >^ 23 Permits, temporary ix 21 SUPERINTENDENT, ASSISTANT— Appointment of ii 6 Duty of ii 6 j Secretary of State Board of Edu- cation ii 6 Salary of, how paid, &c ii 6 T TAX— Vote respecting, when and how taken vi 19 ^ Amount of, to be levied annually by committee vi 19 Additional sum which may be raised, proviso vi 19 For erection of school house, limit vi 19 When only vote for, can be taken vi 19 Additional, when and how raised vi 19 Collection of vi 19 Vote for, cannot be taken, when vi 19 TAXES, LEVY AND COLLEC- TION OF— How levied xii 28 Amount added for delinquencies xii 28 Payment of, prior to a certain date xii 28 Deduction in case of certain pay- ment of xii 28 Delivery of duplicate to collector xii 28 Collector to accept duplicate of xii 28 Powers of collectors xii 28 Form of warrant xii 28 Penalty for refusal by collector to accept warrant xii 29 Power of executor or administra- tor of collector of xii 29 Oaths of certain persons to be evi- dence of the demand of . . . xii 29 No demand of, necessary on non- resident xii 29 Power of collectors to attach effects ■ of taxables xii 29 AKT. PAGE TAXES, LEVY AND COLLEC- TION OF— Right of collector to sue persons not responding to notice ... xii 29 Mode of such trial, appeal . . xii 29 Removal of taxable xii 29 Time when collector shall pay over xii 30 Delinquencies xii 30 Commissions of collectors ... xii 30 Liability of collector for . . . . xii 30 Penalty when collectors fail to pay over; suits xii 30 W^hen money is due district by committee it may be proceeded for xii 30 ( See Appendix , pages ^g and ^o. ) TEACHERS— Their qualifications i 3 Examination of i 3 Method of examination, oral or written i 4 Attendance of, at Institute ... i 5 (See Commissioners and Clerks.) Quarterly reports of, contents . x 23 Payment of salary withheld . . x 23 Forwarding of reports of, to Su- perintendent X 23 Time of, in attendance at Institute shall not be deducted from pe- riod of service x 24 Permits, temporary ix 21 TEACHERS' INSTITUTE— (See Institute, Teachers'.) TREASURER, COUNTY AND STATE— (See Schools for Colored Persons.) TRUSTEE OF SCHOOL FUND— (See School Fund d.n(}i Drafts on.) Powers of xvi 34 P'orm of order on, for dividend . 51 VOTERS AND VOTING- (See Stated Meetings.) (See Occasional Meetings.) ^.6S:f: yT) VC 06617 5"^ 7?, 7 UNIVERSITY OF CAUFORNIA UBRARY